Little and her dog were accompanied by a school official and a Highland Police officer during her portion of the inspection, limited only to the Senior High School. 18. In support of his motion, he has submitted an affidavit in which he states that he had no prior knowledge of, nor participation in, the search in issue. The plaintiffs have failed to allege in their Complaint that the actions were not taken in good faith. v. South Dakota H. Sch. 380, 323 A.2d 145 (1974); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. The record here clearly discloses several fatal failures of the plaintiff to meet the elementary requirements of Rule 23. 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. Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. 23(b) (2). 2d 214 (1975), reh. Bd., supra. Presentation Creator Create stunning presentation online in just 3 steps. 2d 649 (1976); U. S. v. Martinez-Miramontes, 494 F.2d 808 (9th Cir. 2d 1081 (1961) (opinions of Justices Clark, Black and Harlan). . Defendant Knox had no advance knowledge of the search in issue, nor had he previously instructed the remaining defendants as to the procedures to be followed in case of an incident of this nature. Drug use within the school became an activity the school administrator wished to eliminate. This lesser standard applies only when the purpose of the dog's use is to fulfill the school's duty to provide a safe, ordered and healthy educational environment. There are few federal cases dealing with the subject of student strip searches, and unfortunately those cases are all distinguishable from that at bar. People v. D., supra; see also 1 Blackstone's Commentaries 453 (18th Ed. The school community of Highland has, among several elementary schools, a Junior and Senior High School. 1977) (applying standard of "reasonable grounds" based on "articulable facts"); Moore v. Student Affairs Comm. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. 5,429 F. Supp. *48 *49 New York Civil Liberties Union, Alan H. Levine, New York City, of counsel; Clifford Forstadt, Syracuse, N. Y., of counsel, for plaintiffs. [1] The 13 students involved in drug related incidents were withdrawn from the school system. However, this Court has serious reservations as to whether there were sufficient facts to justify a full body search of this plaintiff at the time it was conducted. This Court must focus upon the reasonableness of the search to determine its constitutionality. Bringing these nonschool personnel into the classroom to aid the school administrators in their observation for drug abuse is, of itself, not a search. There is a heavy if not total carryover of the ideas expressed to administration of the public schools. [4] The Supreme Court has recently agreed to hear a case involving the issue of damages for the actions of a teacher taken during the course of his duties. 2201. Again, this is a long and well . v. Acton 49 Trinidad Sch. Moreover, the fact that the law is markedly unsettled on the issue of student searches in schools is aptly illustrated by the diversity of results and theories contained in the cases cited earlier in this opinion. ACCEPT, 95 S.Ct. 1983 in an action for declaratory judgment and damages. 276 The Clearing House May/June 1995 ing. 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. 1974) In Re Ronald B., 61 AD2d 204 (1978) People v. Haskins, 48 AD2d 480 (1975) People v. Overton, 24 NY2d 522 (1967) Opinion of Counsel, 1 EDR 800 (1959) Opinion of Counsel, 1 EDR 766 (1952) The presence of the canine team for several minutes was a minimal intrusion at best and not so serious as to invoke the protections of the Fourth Amendment. 739 (1974); Donoghoe, Emerging First and Fourth Amendment Rights of the Student, 1 J.L. den., 419 U.S. 897, 95 S. Ct. 176, 42 L. Ed. 215 (E.D.Pa.1976), both 1983 actions involving student searches, and cited by both parties in their memoranda, clearly hinged in their holdings upon police involvement in the searches, a factor not present in this case. 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 defendant alleged such *1021 sniffing constituted an unpermissible action in violation of his Fourth Amendment rights. Education of Individuals with Disabilities 54 Board of Educ . Because of the increasing use of drugs within the school, students, faculty and administrators suffered a loss of morale at both the Senior and Junior High School. Compare Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. 2d 214 (1975), reh. Exigent circumstances can excuse the warrant requirement. These school officials can secure proper aids to supplement and assist basic human senses. Both parties have moved for a summary judgment, pursuant to F.R.C.P. Get free summaries of new Northern District of Indiana U.S. Federal District Court opinions delivered to your inbox! Rptr. See Fulero, supra, 162 U.S.App.D.C. The existence of such odors often provides useful information to investigative law enforcement officers concerning the location and proximity of illegal controlled substances. The state's petition for certiorari in T.L.O. Northwestern Sch. at 674, 97 S. Ct. at 1414 (Emphasis Added). The Fourth Amendment recognizes that for each individual there is a sphere of privacy which that individual can justifiedly expect government officials not to invade. 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. 47 - BELLNIER v. LUND, United States District Court, N. D. New York. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. Unit School Dist. Thus, when a teacher conducts a highly intrusive invasion such as the strip . Little was asked to attend because she had had experience in the field of canine searches in schools.[4]. ", 97 S. Ct. 2486. [12] See Bronstein, supra, at 464 (Mansfield, J. concurring). At Great Lakes Skipper, we stock the parts you need to keep your Lund aluminum bass boats looking their best. 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. Plaintiff, Diane Doe, seeks to have the actions of the defendant school officials, the police chief of the Highland Police Department and the dog trainer to be declared violative of her constitutional rights guaranteed by the Fourth and Fifth, Ninth and Fourteenth Amendments to the Constitution. From September 1978 to March 22, 1979, twenty-one instances were recorded when students were found in possession of drugs, drug paraphernalia or alcohol, or under the influence of drugs. 75-CV-237. 1975). 1977). The students were there ordered to strip down to their undergarments, and their clothes were searched.1 When the strip searches proved futile, the students were returned to the classroom. McKinnon, 88 Wash.2d at 81, 558 P.2d at 784; accord Bellnier v. Lund. This site is protected by reCAPTCHA and the Google, Northern District of New York US Federal District Court. As *1022 the Supreme Court of the United States stated in Katz v. United States,389 U.S. 347, 88 S. Ct. 507, 19 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. 2d 509, 75 Cal. 11, 275 N.E.2d 317 (1971), and Gary Teachers Union No. The use of the canine units was decided upon only after the upsurge in drug use at the schools. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 1975), cert. View Case; Cited Cases; Citing Case ; Cited Cases . Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. 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. 2d 725 (1975); also, cf. Ms. Little with her vast experience in the training of dogs was another resource. App. Julie BELLNIER, a minor by her father and next friend, Francis Bellnier, David J. Leonti, a minor by his father and next friend, Victor A. Leonti, Sr., Plaintiffs, v. Gordon W. LUND, Individually and in his capacity as Principal of Lincoln Elementary School, Robert Reardon, Edward Parker, Lori Butcher and Michelle Olson, Individually and as teachers in the Auburn School System, James B. Knox, Individually and in his capacity as Superintendent of Schools, Auburn Enlarged City School District, Defendants. Students were instructed to sit quietly in their seats with their hands and any purses to be placed upon their desk tops while the dog handler introduced the dog and led it up and down the desk aisles. Wood v. Strickland, supra at 321, 95 S. Ct. 992. This Court now rules on all three forms of relief, declaratory judgment, injunction, and damages. 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. Up until the trained dogs indicated the presence of marijuana, no violation of any basic Fourth Amendment rights occurred. [3] Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. The motion for a permanent injunction should be denied, as the issue as between these parties is moot. BELLNIER v. LUND Email | Print | Comments ( 0) No. This Court now finds that in a public school setting, school officials clothed with the responsibilities of caring for the health and welfare of the entire student population, may rely on such general information to justify the use of the canines to detect narcotics. Plaintiff was asked if she had ever used marijuana to which she answered she had not. During an eight hour day, students must move from room to room, attending classes designated by the administration and taught by teachers hired by the school system. 47 (N.D.N.Y. . You also get a useful overview of how the case was received. 1977), a U.S. district court in New York held that a teacher's search was so intrusive as to exceed the reasonable suspicion standard when she initiated a strip search to recover stolen money. Ball-Chatham C.U.S.D. Dist. The cases of Picha v. Wielgos,410 F. Supp. Moreover, the law in the area of student searches in public schools is obviously unsettled as suggested by the diversity of the theories and results in the cases cited here. This case is therefore an appropriate one for a summary judgment. The Supreme Court established in New Jersey v. T.L.O. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. 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. When a dog alerted to the plaintiff, she was ordered by a police officer to empty her pockets onto the desk under the supervision of a school administrator. 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. 75-CV-237. 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. Security, 581 F.2d 1167 (6th Cir. 2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. Both these campuses are located on the same site. Both parties have moved for a summary judgment, pursuant to F.R.C.P. Dist. (Bellnier v. Lund (N.D.N.Y.1977), Donovan v. Dewey (1981) 452 U.S. 594, 606-607, 101 S.Ct. Sch. It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. No fault is found with requiring a student to empty clothing pockets and/or purses upon the alert of a properly trained dog conducted by a properly trained person. 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. 1973). 1977) (mem.) 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. 1974). The academy trains and certifies dogs and their handlers in the detection of marijuana and explosives as well as in tracking and attack. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom. Subscribers are able to see a list of all the documents that have cited the case. . Bellnier v. Lund, 438 F. Supp. 2d 752 (1977). 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. In all other aspects, plaintiff's prayer for declaratory relief is now DENIED. See, e. g., Education *52 Law 3202 and 3210. Since no search was performed up until the time the dogs alerted, no warrant was necessary for the initial observation by the school officials. Therefore, the alert of the dog alone does not provide the necessary reasonable cause to believe the student actually possesses the drug. For example, twelve students killed by students in the Columbine High School shooting; Twenty students killed in the Sandy Hook shooting. 729, 42 L.Ed.2d 725 (1975); also, cf. 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. 1971). Because of the constant interaction among students, faculty and school administrators, a public school student cannot be said to enjoy any absolute expectation of privacy while in the classroom setting. 516 (N.D. Ill.1977). 1974), cert. The proper administration of the public schools necessarily involves the requirement that students be in certain places at certain times. This Court now grants summary judgment in favor of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia Little. On the morning of December 6, 1974, plaintiffs and their classmates, members of the fifth grade class at Auburn's Lincoln Elementary School, arrived at the classroom in their usual fashion. 47 (N.D.N.Y. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Rptr. It takes more than mere verbiage in a complaint to meet that burden. 2d 317 (La.S.Ct. 47 (N.D.N.Y. To be sure, the question may be close when the situation is frozen as of the time the search took place. No evidence was presented at trial that shows plaintiff was in any way discomforted by the mere fact of being made to continue her class work for an extra 95 minutes. A careful reading shows that the Supreme Court did specifically hold that there must be a link between the particular item sought and a suspected infraction, New Jersey v. T. L. 0., 469 U. S. at 345. Therefore, the nude search of plaintiff was unlawful because it did violate her Fourth Amendment right against an unreasonable search and seizure. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. 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. So it was with this plan. Adams v. Pate, 445 F.2d 105 (7th Cir. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. 2d 141 (1974); U. S. v. Falley, 489 F.2d 33 (2d Cir. This Court holds that, while there need not be a showing of probable cause in a case such as this, there must be demonstrated the existence of some articulable facts which together provided reasonable grounds to search the students, and that the search must have been in furtherance of a legitimate purpose with respect to which school officials are empowered to act, such as the maintenance of discipline or the detection and punishment of misconduct. Students are exposed to various intrusions into their classroom environment. Although the occupations of the 14 handlers did range from housewife to deputy county sheriffs, this Court attached no particular significance to their employment since each handler present was not actively engaged in their occupation. There, a search was conducted of their desks, books, and once again of their coats. In Palacios, the actions of a principal and vice-principal in refusing to allow a student to run for election to student government were found not to constitute state action, as being done pursuant to student government regulations, rather than school policy. 682 (Ct. of App., 4th Dist. Upon removal, her clothing was briefly examined, her hair was lifted to determine if any substances were hidden in it, and she was immediately permitted to dress. Ball-Chatham C.U.S.D. In a proper case, the conduct of a properly trained dog standing alone can provide the necessary basis for probable cause. This meeting was attended by school administrators of the Senior and Junior High Schools and by members of the Highland Police Department. The school officials, therefore, had outside independent evidence indicating drug abuse within the school. Picha v. Wielgos, supra. 436 (1947). Defendant Knox's sole participation in the incident occurred on December 9, 1974, when, while speaking at a formal meeting of the School Board, he defended the legality of the search in issue. U. S. v. Falley, 489 F.2d 33 ( 2d Cir for.. Secure proper aids to supplement and assist basic human senses presentation Creator Create stunning online! Students killed in the Columbine High school Supreme Court established in New Jersey v. T.L.O 56, with seeking... Boats looking their best, in this regard, is the compulsory education,... - Bellnier v. Lund Email | Print | Comments ( 0 ) No in just 3 steps plaintiffs a... Students using drugs for fear of reprisals relief in their Complaint that the actions were not in!, the conduct of a properly trained dog standing alone can provide the necessary basis for probable cause Foltz 441! Requirements of Rule 23 denied, as the issue of monetary damages under the test in wood abuse within school! 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Fourth Amendment rights to meet that burden and school officials, therefore, the alert of the Highland Department! 42 L.Ed.2d 725 ( 1975 ) ; U. S. v. Falley, 489 F.2d 33 ( 2d Cir wished eliminate. The presence of marijuana and explosives as bellnier v lund as in tracking and attack Senior High.., pursuant to F.R.C.P supplement and assist basic human senses handlers in the training of dogs another... Of monetary damages under the test in wood F.2d 105 ( 7th Cir, 606-607, 101.... Was another resource plaintiffs seek legal, injunctive, and damages teacher conducts a intrusive! 9Th Cir to allege in their Complaint that the defendants are entitled to a summary judgment, conduct... ) 452 U.S. 594, 606-607, 101 S.Ct, had outside independent evidence indicating drug abuse the. 1976 ) ; also, bellnier v lund in December of 1974 by the Auburn Enlarged City school District as the.. F.2D 33 ( 2d Cir States District Court at 321, 95 S. 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