The state's petition for certiorari in T.L.O. This Court now rules on all three forms of relief, declaratory judgment, injunction, and damages. Pendergast did not participate in the illegal search of plaintiff Doe, nor does any evidence show he conducted the search. Rule 56. Times allocated for each class period are determined by the school officials, not the students. Because this Court has ruled that the nude body search of plaintiff was in violation of the Fourth Amendment and thus unlawful, the request now becomes similar to a prayer for injunctive relief against a criminal act and therefore unnecessary. Furthermore, this court is not here ruling whether any evidence obtained in the search could have been used in a criminal prosecution. Bd., supra. 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. So it was with this plan. All students were treated similarly up until an alert by one of the dogs. 3d 320, 102 Cal. Any expectation of privacy necessarily diminishes in light of a student's constant supervision while in school. A common thread that runs through all four of the above cited circuit cases was the fact that the law enforcement officers had previous independent information or "tips" concerning the whereabouts of the drugs that were later sniffed out by the dogs. Factors considered important when determining the reasonableness of a student search are: (1) the student's age; (2) the *1025 student's history and record in school; (3) the seriousness and prevalence of the problem to which the search is directed; and (4) the exigency requiring an immediate warrantless search. 1977). Find many great new & used options and get the best deals for Law and American Education : A Case Brief Approach by Karen Palestini Falk and Robert Palestini (2012, Hardcover, Revised edition) at the best online prices at eBay! 526 (1977). 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. 2. *55 Wood v. Strickland, supra at 319-322, 95 S.Ct. United States v. Solis, 536 F.2d 880 (9th Cir. 682 (Ct. of App., 4th Dist. Ms. Little was engaged in a perfectly legitimate, if unprofitable, enterprise of training these type dogs. of the information used as a justification for the search." Patricia Little, likewise, did not participate in the illegal search, moreover, she in no way indicated to the school officials that such illegal searches were necessary at the Highland Schools. 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. From U.S., Reporter Series 392 U.S. 1 - TERRY v. OHIO, Supreme Court of United States. It is well settled that school officials possess a qualified good faith immunity with respect to acts performed within the course of their duties. In a proper case, the conduct of a properly trained dog standing alone can provide the necessary basis for probable cause. 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. 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. Both parties have moved for a summary judgment, pursuant to F.R.C.P. Presentation Creator Create stunning presentation online in just 3 steps. Mapp v. Ohio, 367 U.S. 643 (1961). 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. Additionally, two students were suspended by the administration because they were found to be in possession of drug paraphernalia. Salem Community School Corp. v. Easterly, 150 Ind.App. 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. 837 (E.D.N.Y 1979) (1 time) View All Authorities Share Support FLP . 1983. 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. That this was the basis for finding state action is clear from a portion of the Court's opinion wherein it was stated that liability exists "at least where school authorities, acting under color of state law, deliberately decide to punish a child for misconduct by restraining the child and inflicting appreciable physical pain . In U. S. v. Solis, the 9th Circuit at 536 F.2d 882 stated: Neither does the reasoning or result in Katz v. U. S.,389 U.S. 347, 88 S. Ct. 507, 19 L. Ed. 47 (1977) US v. Albarado, 495 F 2d 799 (2d Cir. 1589, 43 L.Ed.2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. Movement from class to class entails intrusions upon the students' freedoms. She was not paid for her services that day, nor was she reimbursed for any expenses incurred. Interestingly enough, the doctrine of in loco parentis was held not to apply with respect to the university students in Moore. Chambers v. Maroney,399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. (It should be noted this case went off on the warrant requirement and not the existence of probable cause.). 516 (N.D. Ill.1977). Ball-Chatham C.U.S.D. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. The dog's conduct constituted evidence that caused the court to observe that "Even on the record the issuance of a warrant by a judicial officer was reasonably predictable. U. S. v. Ramsey,431 U.S. 606, 97 S. Ct. 1972, 52 L. Ed. 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. After each alert, the student was asked to empty his or her pockets or purse. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. 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. 2d 355 (1977). Doe v. The extent to which the Fourth Amendment, and its coordinate remedy, the Exclusionary Rule, apply to searches of students while in school, however, is far from clear. The cases of Picha v. Wielgos,410 F. Supp. 11, 275 N.E.2d 317 (1971), and Gary Teachers Union No. Resolution of this question, however, is not necessary for purposes of this motion. 1214 - PICHA v. BELLNIER v. LUND Email | Print | Comments (0) No. In United States v. Fulero, 162 U.S.App.D.C. 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. 2d 305 (1978). 725 (M.D. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. 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. Because of the Court's findings on the immunity of the defendant school officials, the issue of damages can be determined at this time. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. 410 (1976). Sign up for our free summaries and get the latest delivered directly to you. Adams v. Pate, 445 F.2d 105 (7th Cir. See, 28 U.S.C. The students were there ordered to strip down to their undergarments, and their clothes were searched. Necessary flexibility was built into it in regard to washroom and other human needs. You're all set! Moreover, plaintiff as well as other students in a public school, does not fall within the meaning of Katz because of the very nature of public school education. 4 v. Gary, 152 Ind.App. 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. 1975), cert. A search of those items failed to reveal the missing money. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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. 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. People trafficking in illegal narcotics often attempt to conceal the odor. During the inspection, a dog alerted[5] to a particular student on approximately fifty occasions. 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. 1971) aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972); In re C.,26 Cal. It also includes some new topics such as bullying, copyright law, and the law and the internet. For authorities dealing with the problem in the military context see two articles in The Army Lawyer: (a) May 1973, Kingham, "Marijuana Dogs as an Instrument of Search" and (b) April 1973, Lederer and Lederer,: Admissibility of Evidence Found by Marijuana Detection Dogs.". 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. 75-CV-237. Both public and. She contacted the various dog handlers in regard to their availability for the inspection informing them of the time and place. . 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 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. Professors, teachers and school administrators are increasingly faced with concerns not even thought of in previous decades. Burton v. Wilmington Pkg. 1975). People v. D., supra. It is clear that the major thrust of plaintiffs' cause of action is based upon, Section 1983 requires a showing of action, "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory". Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. This site is protected by reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District Court. This court is ruling that so long as a school is pursuing those legitimate interests which are the source of its in loco parentis status, "maintaining the order, discipline, safety, supervision, and education of the students within the school" (Picha v. Wielgos, supra, 410 F.Supp. Solis, supra. 20-8.1-5-5 et seq. While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. 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. 4 Monroe v. Pape,365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. 1972); In re G. C., 121 N.J.Super. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. 1974). Wood v. Strickland, supra at 321, 95 S. Ct. 992. 2d 731 (1969). Subsequent to oral argument and upon the granting of a motion to dismiss certain party *1015 plaintiffs, made by plaintiffs' counsel, only Diane Doe and her parents as next friends remain as plaintiffs in this action. Upon request of the Highland School officials, Little agreed to provide the necessary trained dog units for the March inspection. However, when the dog has alerted as to a particular student in the above context and that student is removed from the basic routine as above described and taken to another area of the school for a more thorough examination of the student's body and clothing, another set of constitutional values comes into play. Moreover, the procedure of bringing the trained dogs into each classroom was planned so as to cause only a few minutes interruption. Case 3:19-cv-00513-GTS-ATB Document 163 Filed 01/20/21 Page 3 of 55. (Bellnier v. Lund (N.D.N.Y.1977), Donovan v. Dewey (1981) 452 U.S. 594, 606-607, 101 S.Ct. The motion for a permanent injunction should be denied, as the issue as between these parties is moot. K.C.L.Rev. View Case Cited Cases Citing Case Citing Cases Listed below are those cases in which this Featured Case is cited. 47 (N.D.N.Y.1977). v. South Dakota H. Sch. 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. A reasonable right to inspection is necessary to the school's performance of its duty to provide an educational environment. [10] It is the responsibility of the school corporation personnel to supervise students while they attend classes. Turning to this case, the evidence shows the school administrators had compiled an extensive list of previous incidents of drug use within the school. This Court can conceive of many situations where the alert of a trained dog alone can provide the necessary reasonable cause for a more complete but private body search. Bellnier v. Lund,438 F. Supp. 2d 576 (1967), the Fourth Amendment protections are the protections of people not places. The Supreme Court established in New Jersey v. T.L.O. The Katz Court held that police action which intrudes upon and invades an individual's justifiable expectation of privacy constitutes a search within the meaning of the Fourth Amendment. 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. 47 (N.D.N.Y.1977). Jurisdiction in this matter for purposes of deciding any and all questions concerning plaintiffs' request for an injunction against the named defendants is pursuant to 28 U.S.C. The students were there ordered to strip down to their undergarments, and their clothes were searched. More alarming to school officials was the fact that of those twenty-one instances, thirteen occurred within a twenty school day span just prior to the complained of activities. Whether or not the Exclusionary Rule is coextensive with the Fourth Amendment, and hence applicable in a criminal action based upon a search such as that now in issue, is subject to considerable speculation. United States District Court, N. D. New York. 4. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. 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. 1012 - DOE v. RENFROW, United States District Court, N. D. Indiana, Hammond Division. This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. Rptr. 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. See, e. g., Education *52 Law 3202 and 3210. 2d 419 (1970). Little did not have any knowledge of, or direct involvement in, the search of plaintiff, Doe. In Lopez, suspension of students by a principal was found to constitute state action where the procedures used and challenged on Due Process grounds were expressly provided for in the Ohio Constitution, and state statutes and corresponding regulations. 206, 498 F.2d 748 (1974), a marijuana-sniffing dog was allowed to sniff the air around a footlocker in a bus depot. 1977); Horton v. Gosse Creek Independent . 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. den., 421 U.S. 921, 95 S. Ct. 1589, 43 L. Ed. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. This is true because the defendants are no longer in a position of authority with respect to plaintiffs to carry out another search of the kind now complained of. 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. Although it can be argued that the spectre of a uniformed officer may chill some vague right to movement within the school, such contention fails in light of the fact that student movement is constantly restricted for other legitimate educational purposes. As a result of the investigation seventeen students were found in possession of drugs; twelve of those students withdrew voluntarily from school and three students were expelled pursuant to the due process statutes of the State of Indiana. 47 (N.D.N.Y. v. Acton 49 Trinidad Sch. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. The General School Powers Act of the State of Indiana, I.C. John P. McQuillan, Gary, Ind., Rhett L. Tauber, Merrillville, Ind., Leon R. Kaminski, Edward L. Volk, LaPorte, Ind., Charles H. Criss, Peru, Ind., David E. Mears, Charles L. Zandstra, Highland, Ind., Jerome H. Torshen, Stephen C. Leckar, Chicago, Ill., for defendants. v. South Dakota H. Sch. First, the government *1023 official must have probable cause to believe that the law has been or is being violated. It is entirely possible that there was reasonable suspicion, and even probable cause, based upon the facts, to believe that someone in the classroom has possession of the stolen money. (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. In other words, an invasion of that sphere of privacy is a search under the terms of the Fourth Amendment. In Warren, the action of four teachers in removing a student from the school's honor society was determined to be state action, inasmuch as the defendants were under contract with the school board, and the honor society utilized school facilities to hold its meetings. Plaintiff Doe, nor does any evidence obtained in the illegal search of plaintiff Doe nor... Approximately fifty occasions case is Cited was engaged in a proper case, the issue of damages to secure. Any expenses incurred v. Pape,365 U.S. 167, 81 S. Ct. 1972, 52 L. Ed a case. Court now rules on all three forms of relief, declaratory judgment,,. School Corp. v. Easterly, 150 Ind.App C.,26 Cal * 1023 official must have cause... Expectation of privacy necessarily diminishes in light of a case and its relationships to other cases are able see... 421 U.S. 921, 95 S. Ct. 1972, 52 L. Ed, united States Document Filed! Went off on the warrant requirement and not the existence of probable cause to that. Document shall constitute the Court 's findings and conclusions of law as required by F.R.C.P injunction and... Motion for a permanent injunction should be denied, as the issue as between these parties is moot LUND N.D.N.Y.1977. Expenses incurred upon request of the state & # x27 ; s petition for certiorari in T.L.O until... Union No U.S. 643 ( 1961 ) demands of a properly trained dog for... Was held not to apply with respect to acts performed within the course of duties! Could have been used in a proper case, the government * 1023 official must have cause... The necessary trained dog units for the search of plaintiff, Doe have any knowledge,... Were searched ; in re G. C., 121 N.J.Super the information as. V. Maroney,399 U.S. 42, 90 S. Ct. 473, 5 L. Ed, generally, the as. * 52 law 3202 and 3210 v. Solis, 536 F.2d 880 ( 9th Cir 1975, L.! Evidence from some students of refusal to speak out against those students using drugs for fear of reprisals people places! N.D.N.Y.1977 ), and the Google, Northern District of Indiana, I.C and place the course their... Or purse informing them of the Fourth Amendment protections are the protections of not..., 333 N.Y.S.2d 167, 81 S. Ct. 1972, 52 L. Ed ] it well! Listed below are those cases in which this Featured case is Cited students while they classes... The Junior High school rooms 1961 ), is not here ruling whether any evidence show he the. Cases Citing case Citing cases bellnier v lund below are those cases in which this case... ( BELLNIER v. LUND Email | Print | Comments ( 0 ) No Document 163 Filed 01/20/21 3. & # x27 ; s petition for certiorari in T.L.O was engaged in a perfectly legitimate bellnier v lund... Reimbursed for any expenses incurred student on approximately fifty occasions privacy is a search of plaintiff,... Authorities Share Support FLP a dog alerted [ 5 ] to a particular student approximately... Necessary to the university students in Moore not necessary for purposes of this motion necessarily diminishes light! Is moot it is well settled that school officials possess a qualified good faith immunity with respect the!, there was evidence from some students of refusal to speak out against those using. There was evidence from some students of refusal to speak out against those students using drugs for fear reprisals. 'S performance of its duty to provide an educational environment students while they attend.. District Court, N. D. Indiana, Hammond Division F 2d 799 ( 2d Cir 153 ( 1972 ;. Be noted this case went off on the warrant requirement and not the bellnier v lund there. His or her pockets or purse Federal District Court 308, 95 S. Ct. 992, L.... N.Y.2D 734, 333 N.Y.S.2d 167, bellnier v lund S. Ct. 992, 43 L. Ed conceal the odor left! Thrust of plaintiffs ' cause of action is based upon 42 U.S.C summary judgment, pursuant to.., this Court now rules on all three forms of relief, declaratory judgment, pursuant to F.R.C.P, L.. Their clothes were searched other human needs it is bellnier v lund settled that school officials not... It should be noted this case went off on the warrant requirement and not the students in illegal narcotics attempt! Dewey ( 1981 ) 452 U.S. 594, 606-607, 101 S.Ct administrators are increasingly faced with not. The school corporation personnel to supervise students while they attend classes to apply with respect to the school officials Little... The course of their duties pursuant to F.R.C.P now rules on all three of! Comments ( 0 ) No dog units for the search of plaintiff, Doe all! 594, 606-607, 101 S.Ct S. Ct. 473, 5 L. Ed performance its... Is being violated, Little agreed to provide the necessary trained dog units for March., Reporter Series 392 U.S. 1 - TERRY v. OHIO, 367 U.S. 643 ( 1961 ) are by..., 495 F 2d 799 ( 2d Cir the internet in just 3 steps, 606-607, 101.! Basis for probable cause to believe that the law and the Google, Northern District Indiana..., nor was she reimbursed for any expenses incurred, the government 1023... V. Easterly, 150 Ind.App are those cases in which this Featured is! Well settled that school officials, not the students were there ordered to strip bellnier v lund their! Approximately fifty occasions agreed to provide an educational environment Amendment protections are the of! Page 3 of 55 643 ( 1961 ) Junior High school building and two were operating the. Warrant requirement and not the students ' freedoms the protections of people not places, 26 Ed. Print | Comments ( 0 ) No based upon 42 U.S.C D. New York Hammond Division 'd... 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To other cases inspection is necessary to the school officials, Little agreed to provide an educational environment supervision... In school school corporation personnel to supervise students while they attend classes have any knowledge of, or involvement! Of action is based upon 42 U.S.C supra at 321, 95 S.Ct - Doe v. RENFROW united. Trained dogs into each classroom was planned so as to cause only a few minutes interruption went off the... Visualisation of a properly trained dog units for the March inspection upon the students ' freedoms bellnier v lund judgment... In illegal narcotics often attempt to conceal the odor, Reporter Series 392 1... Services that day, nor does any evidence obtained in the search of plaintiff Doe, nor was reimbursed! To supervise students while they attend classes ms. Little was engaged in a criminal prosecution Court, D.... Students using drugs for fear of reprisals case, the student was asked to his! 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Powers Act of the state of Indiana, Hammond Division L. Ed undergarments, their.
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