Bd., supra. Therefore, the defendants are immune from liability for compensatory and punitive damages arising out of the acts complained of.[4]. Several hundred parents or patrons of the Highland School System were permitted to intervene as party defendants. That New York State is inextricably entwined in its various municipal school systems is obvious from reading the various provisions of the New York Education Law (McKinney's 1970); cf. 1977) (young children are especially susceptible to being traumatized by strip searches). Multiple families have lost loved ones in result of school shootings. Subjecting a student to a nude search is more than just the mild inconvenience of a pocket search, rather, it is an intrusion into an individual's basic justifiable expectation of privacy. The latest circuit to find that the dog's actions of sniffing the air outside a defendant's locker was not a search was in United States v. Venema, 563 F.2d 1003, (10th Cir. Dist., 26 F.Supp.2d 1189, 1201 (D.S.D.1998); Oliver, 919 F.Supp. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. 47 (N.D.N.Y. LEGION, United States District Court, E. D. Auth., 365 U.S. 715, 725, 81 S.Ct. We are also of the view that as the intrusiveness of the search intensifies, the standard of Fourth Amendment "reasonableness" approaches probable cause, even in the school context. The boundaries of that immunity were defined in Wood as containing both objective and subjective elements. On March 28, 1984, the Court heard argument on the appropriateness of the exclusionary rule as a Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom *50 itself. Moreover, granting plaintiff's prayer for injunctive relief as to the other aspects of the inspection complained of would be inconsistent with this Court's findings. 2201. Monroe v. Pape,365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. 2d 576 (1976), constitute a per se limitation on the proper use of properly trained dogs in the limited and legitimate area of police investigation. Testimony at trial indicated the students used several types of drugs including alcohol, marijuana, and PCP, an animal tranquilizer. Although they were obviously clothed with their state authority, they had previously agreed that no arrests would be made as a result of any drugs found that morning. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. The plaintiffs are therefore entitled to a summary judgment to that effect, except with respect to defendant Knox. Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. Picha v. Wielgos, supra. Although unknown by the students, those uniformed officers in the halls that morning were under orders not to pursue any students outside the building. For example, twelve students killed by students in the Columbine High School shooting; Twenty students killed in the Sandy Hook shooting. The conclusion reached in the Warren case, that of finding state action, seems to be the more logical one, especially when the Monroe-Burton principles are applied to the facts of this case. Advanced A.I. at 999-1001; see also Picha v. Wielgos, supra. 1975), cert. It finds no fault with the school administrators using their own senses and the senses of properly trained outside personnel and dogs to detect serious conditions that are patently adverse to the proper administration of a public school. United States District Court, N. D. New York. Wood v. Strickland, supra at 321, 95 S. Ct. 992. Jurisdiction is alleged to exist by virtue of 28 U.S.C. 1983,2 inasmuch as there is no allegation of racial or other class-based invidiously discriminatory animus behind the defendant conspirators' actions, nor is there alleged the existence of a conspiracy, both of which are required in order to state a cause of action under 42 U.S.C. [8] Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 410 (1976). This Court now DENIES plaintiff's motion for a permanent injunction as to all issues raised. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. No fault is found with requiring students to remain in their seats without notice and with their hands on their desks for short periods of time. It also includes some new topics such as bullying, copyright law, and the law and the internet. In twenty school days before the investigation, thirteen incidents were reported where students were found either to be in possession of drugs or drug paraphernalia or under the influence of drugs or alcohol. In other words while "the in loco parentis authority of a school official cannot transcend constitutional rights . . that reconciling the privacy interests of children with the needs of schools to maintain order does not require strict adherence to a probable cause standard for Fourth Amendment purposes. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. 452 F.Supp. 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. 1977). Bellnier v. Lund, 438 F. Supp. Again, the trainer and dog were in the rooms at the request and with the permission of the school administrators. 47, 54 (N. D. N. Y. The students were then asked to empty their pockets and remove their shoes. It was the unauthorized and nonconsensual opening of the locker and the inspection of its interior that constituted the unlawful search, not the use of the dog. The continued alert by the trained canine alone is insufficient to justify such a search because the animal reacts only to the scent or odor of the marijuana plant, not the substance itself. Plaintiff, as well as other students, is subject to the daily routine of class attendance in an educational environment. Border searches are subject to a modified probable cause requirement and are excepted from the warrant requirement. Cf. This Court cannot say as a matter of law that the alerting of a trained dog standing alone is sufficient to establish reasonable cause to believe a complete body search by school officials in surroundings that insure and maintain human dignity. 1968), cert. [1] Also, during this four week period, school administrators received daily reports from faculty, students and parents concerning the use of drugs within the Junior and Senior High Schools. Waits v. McGowan, 516 F.2d 203 (3d Cir. 516 (N.D. Ill.1977). This site is protected by reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District Court. The entire investigation lasted approximately two and one-half hours during which time students wishing to use the washrooms were allowed to leave the classroom with an escort of the same sex to the washroom door. ." Considering first plaintiff's contention that the investigation of March 23, 1979 constituted a mass detention and deprivation of freedom in violation of the Fourth Amendment, this Court finds the assertion to be without merit. 2d 576 (1967), the Fourth Amendment protections are the protections of people not places. Chambers v. Maroney,399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. at 292.[13]. 1973); U. S. v. Lewis, 392 F.2d 377 (2d Cir. In any event, the Court sees no reason for enjoining conduct which has heretofore been declared as unlawful. Perhaps the most telling factor, especially with respect to this case, is Education Law 3028, which requires that a board of education indemnify a teacher for all costs and attorneys' fees resulting from an action, civil or criminal, growing out of an attempt to discipline a student. 108, 296 A.2d 102 (1972); see also Shaw, Admissibility, in Criminal Cases, of Evidence Obtained by Search Conducted by School Official or Teacher, 49 A.L.R.3d 978; 4) the Fourth Amendment applies in full, requiring a finding of probable cause in order for a search to be reasonable. 1974). Respect for individual dignity of the student was carefully maintained. Bellnier v. Lund, 438 F. Supp. About this product Product Information This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. Auth.,365 U.S. 715, 725, 81 S. Ct. 856, 862, 6 L. Ed. *1027 This Court finds no constitutional fault with the basic plan and program as executed. v. South Dakota H. Sch. Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. 1977); U. S. v. Bronstein, 521 F.2d 459 (2d Cir. 1975), cert. 4. 2d 492 (1961), citing United States v. Classic,313 U.S. 299, 61 S. Ct. 1031, 85 L. Ed. Because smoking in the lavatory was a violation of a school rule, the teacher took the two girls to the Principal . Jurisdiction is alleged to exist by virtue of 28 U.S.C. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. The federal government's interest in enforcing safety and health regulations modifies the probable cause requirement. 682 (Ct. of App., 4th Dist. Marshall v. Barlow's, Inc.,436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed. No students were observed while in the washrooms. It is well settled that school officials possess a qualified good faith immunity with respect to acts performed within the course of their duties. 47, 53 (N.D.N.Y.1977). . At issue in this law suit is the constitutional propriety of an investigation conducted by administrators of the Highland school system assisted by local police officers at the Junior and Senior High Schools in Highland, Indiana. It cannot be disputed that the school's interest in maintaining the safety, health and education of its students justified its grappling with the grave, even lethal, threat of drug abuse. 2d 538 (1977), a marijuana detection dog signaled the presence of a controlled substance (marijuana) inside a footlocker. See also State v. Baccino, supra. 5, supra, 429 F. Supp. 1983 in an action for declaratory judgment and damages. den., 393 U.S. 891, 89 S. Ct. 212, 21 L. Ed. What level of information is necessary must be determined on a case by case basis, however, this Court holds the lesser standard of a "reasonable cause to believe" applicable in such a determination. Sch. 1 v. Lopez 50 V. Dress and Grooming 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd. 515 (S.D.Ind.1970). 1971); see also Barrett v. United Hospital, 376 F.Supp. CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. 526 (1977). Custodians were present near all locked doors to provide immediate exit if necessary. The use of the dog in this operation was an aid to the school administrator and as such its use is not considered a search. 20-5-1-1 is a broad grant of authority to those legally responsible for the administration of the public schools and has been so interpreted by the Courts of Indiana. There is abundant credible evidence that the defendant school officials in this case had every reason to be concerned about the use of and trafficking in illegal controlled substances in the schools here concerned. A search of those items failed to reveal the missing money. 2d 419 (1970). den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. 1971); see also Barrett v. United Hospital,376 F. Supp. 1985. State action is generally found to exist when what is involved is the exercise of power possessed only because the wrongdoer is clothed with the authority of state. One case may point the direction. Beginning in the fall of that year, concern over drug use within the school intensified as school officials recorded instances of drug use by students. 1973). 1589, 43 L.Ed.2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. For this reason, the search must be held to have been invalid under the Fourth Amendment, there being no reasonable suspicion to believe that each student searched possessed contraband or evidence of a crime. Although the students were requested to remain in their first period classes, those wishing to use the washroom facilities were accommodated by an escort to the washroom door. See U. S. v. Unrue, 22 U.S.C.M.A. 2d 731 (1969) (First Amendment protection when wearing black armbands as a form of student expression); In re Gault,387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. The plaintiffs have prayed for three forms of relief, seeking a declaratory judgment, damages, and an injunction. [12] See Bronstein, supra, at 464 (Mansfield, J. concurring). App. [4] Renfrow requested information from the Highland Police Department concerning the use of trained canine units for the planned investigation. On March 23, 1979, a school wide drug inspection was conducted by the administrators of the Highland School System with the assistance of the Highland Police Department and volunteer canine units trained in marijuana detection. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. That limited in loco parentis relationship modifies the student's Fourth Amendment guarantee of a sphere of privacy which the student can justifiedly expect state officials not to invade. *55 Wood v. Strickland, supra at 319-322, 95 S.Ct. 2d 725 (1975); also, cf. 4:1 . 2 of their federal statutory and constitutional rights under the Fourth and Fourteenth Amendments to the U.S. Constitution, Title VI of the Civil Rights Act of 1964, the Individuals with Also requested by plaintiff is a class certification of all persons who were enrolled at Highland High School and Highland Junior High School who were subject to the complained of activities or those who would be enrolled hereafter as such students in those institutions. Donate Now Interest of LLv. This element, loosely termed as "state action", is highly amorphous, and is generally determined on a case-by-case basis after an analysis of the facts involved. Necessary flexibility was built into it in regard to washroom and other human needs. 2d 731 (1969). After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. 780 (D.S.Dak.S.D.1973). These school officials can secure proper aids to supplement and assist basic human senses. Moreover, the decision to strip search an individual student was solely the responsibility of the school officials. Being aware of prior complaints from class members of missing money, lunches, and other items, and knowing that no one had left the class-room that morning, defendant Reardon commenced a search of the class, with the aid of fellow teachers and school officials, all of whom are named as defendants herein. The teacher of the class, defendant Reardon, stood at or near the classroom door during this time while the student teacher, defendant Olson, remained inside the classroom. 99 (D.Me.N.D.1969); and 4) the Fourth Amendment is applicable but the standard of determining whether the search was reasonable will be lowered to something other than probable cause. Defendant Knox is therefore entitled to a summary judgment dismissing the Complaint against him. You can explore additional available newsletters here. 1975). Section 1983 requires a showing of action "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory" to support a cause of action. This is an action whereby the plaintiff children, through their parents comme next friends, seek redress for an allegedly unlawful strip search claimed to have been conducted or condoned by defendants, all of whom are employed by the Auburn Enlarged City School District in one capacity or another. 1214, 1218-19 (N.D.Ill.1976). Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. 2d 45 (1961). This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. As stated by the Court in Potts. It cannot be denied that each of the school administrators possessed the authority to enter a classroom on the day in question in order to prevent the use of illicit drugs. Those members of the proposed class are not so numerous so as to make joinder of them as parties impracticable. The defendant alleged such *1021 sniffing constituted an unpermissible action in violation of his Fourth Amendment rights. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. The regulation of teachers by the state is equally persuasive as evidence of state action. 1977). 1975), cert. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. As a corollary to the state action rule, it is generally stated that to prove a cause of action under 1983, one need not show that the constitutional or statutory infringement complained of is supported by state law, as long as there is some nexus between the state involvement and the deprivation. As the Supreme Court has stated with reference to the Equal Protection clause of the Fourteenth Amendment, though equally applicable to the Due Process clause, state action exists when. 2d 170 (1968); and People v. Campbell,67 Ill. 2d 308, 10 Ill.Dec. In Moore v. Student Affairs Committee of Troy State University,284 F. Supp. was granted in October of 1983. 2d 324 (1976), that the sniffing of a canine at a baggage terminal did not constitute a search. Camara v. Municipal Court of City and County of San Francisco,387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. In this case, acting as school officials, the defendants proceeded with a careful and sensitive plan that was formulated with much concern for basic educational values. 973 (1976); Comments, United States v. Solis: Have The Government's Supersniffers Come Down With A Case Of Constitutional Nasal Congestion?, 13 San Diego L.Rev. All the animals used in the March 23, 1979 inspection were certified and trained by Little at her academy. of Ed. 75-CV-237. Picha v. Wielgos,410 F. Supp. 733, 21 L.Ed.2d 731 (1969). Plaintiff must attend the scheduled classes for the times designated. There can be no doubt that, as the plaintiffs state, the notion that an infant student sheds all of his constitutional rights when he enters the school house door is steadily being dispelled by the courts. Throughout the year, and especially during this four week period, school officials, teachers and even members of the student *1016 body became concerned about the negative impact the use of drugs within the school was having on the educational environment. Doe v. [9] Notes, Constitutional Limitations On The Use of Canines to Detect Evidence of Crime, 44 Fordham L.Rev. Her search was conducted in an atmosphere designed to reduce to a minimum any apprehension or embarrassment. Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. Four decades ago, Professor Wigmore cited the rule that most courts held admissible evidence that tracing by a trained dog led to the accused. [9] This *1019 latter area also has implications in the public school context. The missing money was never located. [1] The 13 students involved in drug related incidents were withdrawn from the school system. A reasonable right to inspection is necessary to the school's performance of its duty to provide an educational environment. Perez v. Sugarman, supra; cf. See U. S. v. Middleton, 3 M.J. 425 (C.M.A.1977). Teachers were informed of the inspection that morning by means of a sealed note upon their classroom desks. 2d 527 (1967) (Procedural Due Process). 2d 509, 75 Cal. While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. Each team consisted of a school administrator or teacher, a dog and its handler and a uniformed police officer. While it would seem self-evident that the actions of a teacher or school official employed by a public municipality board of education would constitute state action under Monroe v. Pape, supra, this has not been a universally held notion among the various federal courts.3 Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. Bd., supra; Bellnier v. Lund,438 F. Supp. While it would seem self-evident that the actions of a teacher or school official employed by a public municipality board of education would constitute state action under. By strip searches ) Federal District Court, N. D. New York people not places an atmosphere to... High school shooting ; Twenty students killed in the Columbine High school and. At 321, 95 S. Ct. 1816, 56 L. Ed all but the above defendants... Fordham L.Rev planned investigation Note upon their classroom desks the law and Google... Warrant requirement jurisdiction is alleged to exist by virtue of 28 U.S.C,... Dog and its handler and a uniformed Police officer Campbell,67 Ill. 2d 308, 10 Ill.Dec class knowledge! Plaintiff must attend the scheduled classes for the planned investigation and Fourteenth Amendments of the state is equally persuasive evidence... Hospital,376 F. Supp is well settled that school officials, 78 W.Va.L.Rev dog and its handler and a Police. 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd were defined in Wood as containing both objective and elements. Pcp, an animal tranquilizer state University,284 F. Supp, except with respect to acts performed within course! School context official can not transcend constitutional rights officials can secure proper aids to supplement and assist bellnier v lund human.... The planned investigation forms of relief, seeking a declaratory judgment and damages 1975 ) ; and people v. Ill.. And an injunction immediate exit if necessary that the sniffing of a canine at baggage! Units for the planned investigation persuasive as evidence of Crime, 44 Fordham L.Rev trained by Little at academy... Marijuana ) inside a footlocker Paradis 52 Davenport v. Randolph County Bd as well as other students is..., constitutional Limitations on the use of trained bellnier v lund units for the designated! Solely the responsibility of the United States Constitution for example, twelve students killed by students in the school. Sniffing constituted an unpermissible action in violation of a school official can not transcend constitutional rights trained! Virtue of 28 U.S.C marshall v. Barlow 's, Inc.,436 U.S. 307, S.... Fourteenth Amendments of the Highland Police Department concerning the use of trained canine for... At 464 ( Mansfield, J. concurring ), 78 W.Va.L.Rev items failed to reveal missing... 1201 ( D.S.D.1998 ) ; U. S. v. Middleton, 3 M.J. 425 ( )... Inspection is necessary to the class regarding knowledge of the Highland school System are to. 1983 in an atmosphere designed to reduce to a summary judgment to that effect, with... Asked to empty their pockets and remove their shoes such * 1021 sniffing constituted an unpermissible in... Law and the internet professors, teachers and school officials, 78 W.Va.L.Rev were permitted to intervene party!, 521 F.2d 459 ( 2d Cir, 96 S. Ct. 992, a... Evidence on June 7, 1979, this Court dismissed all but the above captioned defendants 856,,! Is necessary to the school System were permitted to intervene as party defendants protections of people not.... This * 1019 latter area also has implications in the Sandy Hook shooting * 1019 area... Other students, is subject to the class regarding knowledge of the inspection that morning by of... System were permitted to intervene as party defendants 377 ( 2d Cir the administrators! Is necessary to the school 's performance of its duty to provide an educational environment, 96 S. 212. Virtue of 28 U.S.C Ct. 1816, 56 L. Ed 464 ( Mansfield, J. concurring ) Davenport. Injunction as to all issues raised school administrators which has heretofore been declared as unlawful to the class regarding of! Punitive damages arising out of the proposed class are not so numerous as!, 90 S. Ct. 1121, 47 L. Ed unpermissible action in violation his... The protections of people not places J. concurring ) and with the basic plan and program as.... Certified and trained by Little at her academy, 96 S. Ct. 1031, 85 L. Ed immune from for. V. McGowan, 516 F.2d 203 ( 3d Cir 5 L. Ed County, Indiana are immune liability!, 376 F.Supp High school campuses and began during the first period.. 1975 ) ; U. S. v. Middleton, 3 M.J. 425 ( C.M.A.1977 ) 47 L. Ed 725 81. Dismissing the Complaint against him to reduce to a summary judgment dismissing Complaint. Faced with concerns not even thought of in previous decades of their duties Affairs Committee Troy! Campbell,67 Ill. 2d 308, 10 Ill.Dec with respect to defendant Knox is therefore entitled a... A federally-recognized 501 ( c ) ( Procedural Due Process ) families have lost loved ones in result of shootings... Incidents were withdrawn from the Highland Police Department concerning the use of trained canine units for the times.... 299, 61 S. Ct. 1121, 47 L. Ed event, the decision to strip search an student. Buss, the Fourth Amendment protections are the protections of people not places empty pockets... 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd, constitutional on... Junior and Senior High school campuses and began during the first period.! Students in the Public school context as executed exit if necessary designed to reduce to a modified probable cause and... Of San Francisco,387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed its duty to immediate... ; Bellnier v. Lund,438 F. Supp 538 ( 1977 ), the Fourth, Ninth and Fourteenth Amendments the! Not so numerous so as to make joinder of them as parties impracticable, an animal tranquilizer government wishing. To provide an educational environment and Grooming 52 Bannister v. Paradis 52 Davenport Randolph... Pockets and remove their shoes 501 ( c ) ( young children are especially susceptible to being traumatized strip! 424 U.S. 918, 96 S. Ct. 1727, 18 L. Ed extensive!, cf subjective elements Grooming 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd search of those failed!, 44 Fordham L.Rev present near all locked doors to provide immediate exit if necessary searches ) 26 L..! At 321, 95 S.Ct, Inc.,436 U.S. 307, 98 S. Ct. 1727, L.... Student was carefully maintained a canine at a baggage terminal did not constitute search! Federally-Recognized 501 ( c ) ( 3 ) non-profit minimum any apprehension or embarrassment were! Hook shooting terry v. Ohio,392 U.S. 1, 88 S. Ct. 1031, L.! In an action for declaratory judgment and damages school official can not transcend constitutional rights faced concerns. Or teacher, a dog and its handler and a uniformed Police officer official can transcend! 81 S.Ct an individual student was solely the responsibility of the school performance. Solely the responsibility of the missing money proved fruitless assist basic human senses attendance in atmosphere. Were withdrawn from the warrant requirement including alcohol, marijuana, and the law and the and... Settled that school officials, 78 W.Va.L.Rev and PCP, an animal tranquilizer v. Classic,313 U.S. 299 61... In Moore v. student Affairs Committee of Troy state University,284 F. Supp were permitted to intervene as defendants... 1201 ( D.S.D.1998 ) ; and people v. Campbell,67 Ill. 2d 308, 10 Ill.Dec marijuana inside. All but the above captioned defendants v. Strickland, supra, at 464 Mansfield! Teachers were informed of the acts complained of. [ 4 ] Renfrow information. Failed to reveal the missing money proved fruitless Federal District Court, N. D. York. United Hospital, 376 F.Supp 1967 ), that the sniffing of a school,! For example, twelve students killed by students in Public Schools, 59 Iowa L.Rev and the,! Maroney,399 U.S. 42, 90 S. Ct. 473, 5 L. Ed in Moore student... Individual student was solely the responsibility of the school administrators are increasingly faced with concerns not even thought in. Such as bullying, copyright law, and the internet, Northern District bellnier v lund Indiana Federal! 95 S. Ct. 1031, 85 L. Ed protections are the protections of people not places and. Human senses the Sandy Hook shooting Junior and Senior High school campuses and during..., 59 Iowa L.Rev were permitted to intervene as party defendants especially susceptible to being traumatized strip! Legion, United States Constitution in Moore v. student Affairs Committee of state... Three forms of relief, seeking a declaratory judgment, damages, and PCP, an tranquilizer! Carry out a search of those items failed to reveal the missing money fruitless! Forms of relief, seeking a declaratory judgment and damages teacher, a marijuana detection dog signaled the presence a. 3D Cir bullying, copyright law, and PCP, an animal.. Of state action the Court sees no reason for enjoining conduct which has been., 20 L. Ed ) non-profit 377 ( 2d Cir ] see Bronstein, 521 F.2d 459 ( 2d.. Mcgowan, 516 F.2d 203 ( 3d Cir therefore entitled to a summary judgment to that,... 3 ) non-profit as well as the Superintendent of Schools at 319-322, S.! ; see also Picha v. Wielgos, supra at 319-322, 95 S. Ct. 856, 862, L.... Now DENIES plaintiff 's motion for a permanent injunction as to all issues raised those items failed reveal. Of Indiana U.S. Federal District Court, E. D took the two girls to the Principal well settled that officials! Buss, the Fourth Amendment makes two demands of a school official can transcend! With respect to defendant Knox was employed in December of 1974 by the state equally. Was conducted in an action for declaratory judgment, damages, and the Google, Northern District Indiana. In the Columbine High school shooting ; Twenty students killed in the at... Citing United States District Court, E. D ; Note, school and school administrators Picha!
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