Strip Searches and the Supreme Court

On friday, January 16, the Supreme Court granted certiorari in the case of Redding v. Safford School District. For those unfamiliar with the case, a 13 year old girl was strip-searched for prescription-strength ibuprofen based solely on a statement by her friend.

At trial and on the initial appealing, the court found for the school. On rehearing en banc, the court held for the plaintiff.

Basically, under T.L.O. v. New Jersey, there's a sliding scale - the need for the search, the impact on the student, and the degree of intrusiveness are all factors. Courts have generally found that strip searches for drugs are permissible.

In my humble opinion, this case is a terrible abuse of school power. They made a 13 year old girl strip naked for a couple of Advil! They never suspected she had a weapon, or serious street drugs, or even serious prescription drugs. Here we have a fine example of over-reaching, power-abusing school administrators. There was never any indication of a threat to school safety.

Another interstin issue is whether they will find the administrators liable in their individual capacity - whether they abused their power to the level that they knew was impermissible. Otherwise, the administrators have immunity via loco parentis powers.

Overall, I think the en banc rehearing got the decision right, both on the facts and the policy. A strip search needs something more, some element of danger to the school population, that simply isn't posed by a few Advil - even prescription strength Advil. Given the variety of opinions involving school searches, some Supreme Court guidance on T.L.O.'s standard is welcome, if they'll give it.