School Takes Abuse Of Power To The Next Level
Article from Reason by Robby Soave.
When $50 went missing during the choir class’s sixth-grade field trip, Lanier Middle School’s police officer informed its assistant principal that sometimes “girls like to hide things in their bras and panties.” The assistant principal then ordered the choir’s 22 female members—it isn’t clear whether there were any boys in the choir—to report to the school nurse for strip searches.
Although the nurse “loosened their bras” and “checked around the waistband of their panties,” no money was found. The search at the Texas public school was in any case brazenly improper and probably violated the students’ rights.
That’s according to a recent decision by the U.S. Court of Appeals for the Fifth Circuit. The girls had filed a federal lawsuit against the school district, which readily agreed that it had violated their rights under the Texas constitution. A federal judge nevertheless dismissed the lawsuit, concluding that the girls had failed to state a constitutional claim. The Fifth Circuit reversed that decision last week:
Here, the alleged facts, taken together and assumed to be true, permit the reasonable inference—i.e., the claim has facial plausibility—that the risk of public officials’ conducting unconstitutional searches was or should have been a “highly predictable consequence” of the school district’s decision to provide its staff no training regarding the Constitution’s constraints on searches.
Read the entire article at Reason.