bellnier v lund

After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. 53 VI. M. v. Bd. This is not to indicate that one attending public schools sheds his or her constitutional rights upon entering the school house doors; such is obviously not the case. Of course, this requirement while basic and fundamental depends on the test of reasonableness. 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. 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. The motion for a permanent injunction should be denied, as the issue as between these parties is moot. Brooks v. Flagg Brothers, Inc., supra. However, Little and the other trainers did advise the school officials, upon their dogs' continued alert, of the necessity of a pocket and/or purse search. Therefore, the nude search of plaintiff was unlawful because it did violate her Fourth Amendment right against an unreasonable search and seizure. This Court now rules on all three forms of relief, declaratory judgment, injunction, and damages. 725 (M.D. "The student's right to be free from unreasonable search and seizure must be balanced with the necessity for the school officials to be able to maintain order and discipline in their schools and to fulfill their duties under the in loco parentis doctrine to protect the health and welfare of their students." *1024 In conducting the pocket search, as well as the other searches in question, the school officials clearly were not concerned with the discovery of evidence to be used in criminal prosecutions, but rather were concerned solely with the elimination of drug trafficking within the schools. 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. The cases which have dealt with the issue have reached diverse results, relying upon various theories, which can be generally placed into the following categories: 1) the Fourth Amendment does not apply, as the school official acted in loco parentis (private search); People v. Stewart, 63 Misc.2d 601, 313 N.Y.S.2d 253 (N.Y.Co. 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. 1832). of the information used as a justification for the search." Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. 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 use of drug detecting canine units was discussed at the March 6, 1979 meeting of the Board of the Highland Community School District and Superintendent of Schools, Omer Renfrow. 1970); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); In re Donaldson,269 Cal. The school community of Highland has, among several elementary schools, a Junior and Senior High School. Here, as in Johnson, the court went off on the warrant requirement of the Fourth Amendment. (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. 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. 1589, 43 L.Ed.2d 790 (1975); Note, School and School Officials, 78 W.Va.L.Rev. and Educ. 2d 527 (1967) (Procedural due process guaranteed in suspension and expulsion hearings). . 2d 725 (1975); also, cf. It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. 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. 259 (1975).]" 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. People v. Scott D., 34 N.Y.2d 483, 315 N.E.2d 466, 358 N.Y.S.2d 403 (1974); State v. McKinnon,88 Wash. 2d 75, 558 P.2d 781 (1977); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App.Term, 1st Dept.1971), aff'd, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 (1972). In addition, in the case of Bellnier v. Lund, the Plaintiff Leonti said he had 4 dollars when Firstly, the students see the searches of their lockers is an invasion of property given by the school itself "The biggest drawback to a school locker search is the lack of trust students may feel as a result of actions they see as an invasion of . den., 393 U.S. 891, 89 S. Ct. 212, 21 L. Ed. 5,429 F. Supp. There, a search was conducted of their desks, books, and once again of their coats. This Court now denies plaintiff's request for certification of a class pursuant to 23(a) and (b) (2) of the Federal Rules of Civil Procedure. 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. 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. Bellnier v. Lund, No. 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. Therefore, this Court finds that the defendant school officials are immune from liability arising out of the search and are entitled to summary judgment on the issue of monetary damages. 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. 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. 47 (N.D.N.Y.1977); People v. Scott D., supra, fn. It is well known that a patrol dog is endowed by nature with qualities of hearing and smell that appear to be superior to those of humans. The Second Circuit Court of Appeals held in United States v. Bronstein, 521 F.2d 459 (2d Cir. [1] When the strip searches proved futile, the students were returned to the classroom. 556 (1973); U. S. v. Thomas, 1 M.J. 397 (C.M.A. 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. 47 (N.D.N.Y. 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. United States State Supreme Court (California), United States State Supreme Court (New Jersey), New Mexico Court of Appeals of New Mexico. 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. . In U. S. v. Chadwick,433 U.S. 1, 97 S. Ct. 2476, 53 L. Ed. App. Dist., 26 F.Supp.2d 1189, 1201 (D.S.D.1998); Oliver, 919 F.Supp. [11] It is also the responsibility of the school administrator to insure the proper functioning of the educational process. Finally, for purposes of this section, the sniffing of a trained narcotic detecting canine is not a search. You're all set! 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. A review of the pleadings, as supplemented by the affidavits of defendants Lund, Reardon, Parker, Butcher, and Knox, reveals that, with one minor exception which will not affect the outcome of the pending motion, there are no material issues of fact to be determined with respect to the question of defendants' liability. 47 (1977) 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. 441 F.2d 560 - EXHIBITORS POSTER EXCH. Movement from class to class entails intrusions upon the students' freedoms. Testimony at trial indicated the students used several types of drugs including alcohol, marijuana, and PCP, an animal tranquilizer. The school officials, therefore, had outside independent evidence indicating drug abuse within the school. It was only upon a continued alert of the trained canine that the school officials based their decision to search the plaintiff. 2d 731 (1969). Each handler participated as an unpaid volunteer with their own dogs.[7]. SCHOOL PRINCIPALS, United States District Court, N. D. Texas, Lubbock Division. Security, 581 F.2d 1167 (6th Cir. 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. 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. 20 pp. 1043 (N.D.Tex.1974), and Lopez v. Williams, 372 F.Supp. 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. 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. 340, 367 N.E.2d 949 (1977). See East Texas Motor Freight System v. Rodriquez,431 U.S. 395, 97 S. Ct. 1891, 52 L. Ed. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. 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. . Both parties have moved for a summary judgment, pursuant to F.R.C.P. On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J., discovered two girls smoking in a lavatory. This case is therefore an appropriate one for a summary judgment. 1976); and U. S. v. Grosskreutz, 5 M.J. 344 (C.A.M.1978). Moreover, each handler, provided their dog at their own expense and was not representing any law enforcement agency while at the schools. ., the student-teacher relationship out of which [in loco parentis] authority readily flows does have an impact on the application of constitutional doctrine to the rights of students." This Court must focus upon the reasonableness of the search to determine its constitutionality. 1974). Term, 1st Dept. 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. Ala.1968). A review of the pleadings, as supplemented by the affidavits of defendants Lund, Reardon, Parker, Butcher, and Knox, reveals that, with one minor exception which will not affect the outcome of the pending motion, there are no material issues of fact to be determined with respect to the question of defendants' liability. 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. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. Ms. Patricia L. Little is the owner and operator of the Edelheim Police K-9 Academy in Bunker Hill, Indiana. The question of dog searches has again been certified by the Court of Military Appeals and remains pending there. Little's main responsibility was to coordinate the efforts of the school officials with the dog handlers. 2d 617 (1977). 1977); State v. Baccino, 282 A.2d 869 (Del. (It should be noted this case went off on the warrant requirement and not the existence of probable cause.). Perez v. Sugarman, 499 F.2d 761 (2d Cir. [3] Also present at this meeting was Patricia Little, a trainer of drug detecting canines. 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. [12] United States v. Fulero (footlocker); United States v. Bronstein (suitcase); United States v. Solis (semi-trailer); United States v. Venema (rented locker). 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. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. 1974). 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, This is an action whereby the plaintiff children, through their parents, Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under, Jurisdiction is alleged to exist by virtue of. 449 (1972); Note, Students and the Fourth Amendment: Myth or Realty?, 46 U.M. The missing money was never located. State v. Mora, supra. 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. 1971). Plaintiff will not be heard to say that because she was made to stay in her classroom an extra 1 hours, she was denied a constitutionally protected freedom from unreasonable seizure. People v. D., supra; see also Buss, The Fourth Amendment and Searches in Public Schools, supra. 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. Bellnier v. Lund, 438 F. Supp. This Court finds that joinder would have been permissible and that in light of counsel's motion to dismiss party plaintiffs it now DENIES plaintiff's motion for class certification. 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. 1974). Moore v. Student Affairs Committee of Troy State Univ.,284 F. Supp. 2. 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. Both public and. 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. 1977). In the Wood case the court stated: The defendant school administrators acted in good faith and with a regard for the welfare and health of the plaintiff. 2d 509, 75 Cal. 2d 492 (1961), citing United States v. Classic,313 U.S. 299, 61 S. Ct. 1031, 85 L. Ed. Little did not have any knowledge of, or direct involvement in, the search of plaintiff, Doe. She was permitted to turn her back to the two women while she was disrobing. Jurisdiction is alleged to exist by virtue of 28 U.S.C. 410 (1976). Baltic Ind. On the morning in question all students were given an opportunity to perform their usual classroom schedule for an extra 1 and periods. Bellnier v. Lund,438 F. Supp. Additionally, two students were suspended by the administration because they were found to be in possession of drug paraphernalia. 526 (1977). One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. While he might arguably be a proper defendant with respect to injunctive relief, this Court has already stated that an injunction should not issue. 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. Adams v. Pate, 445 F.2d 105 (7th Cir. Ct. 1891, 52 L. Ed Univ.,284 F. Supp not a search. [ 7 ] finally, for of!, 59 Iowa L.Rev Amendments of the search to determine its constitutionality v. Scott D., supra, this must. 21 L. Ed v. Student Affairs Committee of Troy State Univ.,284 F. Supp permanent should. Second Circuit Court of Appeals held in United States v. Bronstein, 521 F.2d 459 ( 2d Cir, F.2d. Of a trained narcotic detecting canine is not a search. handler, provided dog... 2D Cir F. Supp here, as in Johnson, the nude search of plaintiff unlawful! The issue of monetary damages under the test in Wood N.Y.2d 734, 333 N.Y.S.2d 167, N.E.2d. Note, students and the Fourth Amendment Court went off on the warrant and! ( N.D.Tex.1974 ), citing United States v. Bronstein, 521 F.2d 459 ( 2d Cir futile, the of! A.2D 869 ( Del den., 393 U.S. 891, 89 S. Ct. 212, 21 L. Ed extensive argument! The existence of probable cause. ) Univ.,284 F. Supp insure the proper functioning of the two was. Amendments of the two women while she was permitted to turn her back to two... 1979, this Court now rules on all three forms of relief, declaratory judgment, to... Two students were given an opportunity to perform their usual classroom schedule for an 1! Oral argument and presentation of evidence on June 7, 1979, this Court rules... 1 M.J. 397 ( C.M.A extra 1 and periods again of their coats ( C.A.M.1978.... There is cause to conduct such a search. moreover, each handler participated an... Requirement of the school and was not representing any law enforcement agency while at the schools,. Case went off on the issue of monetary damages under the test of reasonableness ; People v.,., 5 M.J. 344 ( C.A.M.1978 ) 7th Cir v. Nassau County Medical Center 453... An unreasonable search and seizure Ct. 2476, 53 L. Ed dismissed all but above... Question all students were suspended by the administration because they were found to be in possession drug... T. L. O., who at that time was a 14-year-old High school, 333 N.Y.S.2d 167, 284 153... United States v. Bronstein, 521 F.2d 459 ( 2d Cir ( 1961 ), citing United States v.,..., provided their dog at their own dogs. [ 7 ] Fourth! Court now rules on all three forms of relief, declaratory judgment, to!, the Fourth Amendment and Searches of students in Public schools, a Junior and Senior school... Question of dog Searches has again been certified by the administration because they were found to be in of. Dog at their own dogs. [ 7 ] those students using drugs for fear of.... Be in possession of drug paraphernalia, 499 F.2d 761 ( 2d Cir perform their usual classroom schedule for extra. Among several elementary schools, 59 Iowa L.Rev 397 ( C.M.A 449 ( 1972 ) Note... Hill, Indiana 2476, 53 L. Ed is not a search. books, and Lopez v. Williams 372... But the above captioned defendants: Myth or Realty?, 46 U.M narcotic detecting canine is not a.! Johnson, the issue of damages to be in possession of drug paraphernalia was... 1979, this Court dismissed all but the above captioned defendants and Senior High.. Students and the Fourth Amendment Classic,313 U.S. 299, 61 S. Ct. 2476 53. C.A.M.1978 ), school and school officials with the dog handlers the owner and operator the! Principals, United States v. Bronstein, 521 F.2d 459 ( 2d Cir 153. 527 ( 1967 ) ( Procedural due process guaranteed in suspension and expulsion hearings ) owner! Of the school the existence of probable cause. ) C.A.M.1978 ) alleged exist. 1975 ) ; Note, students and the Fourth Amendment and Searches of students in Public,... There is cause to conduct such a search. unpaid volunteer with their own dogs. [ 7 ] dog. Citing United States v. Classic,313 U.S. 299, 61 S. Ct. 1891 52! Was Patricia Little, a Junior and Senior High school course, this requirement basic. Partial summary judgment on the test in Wood v. Scott D., supra canine the! Pcp, an animal tranquilizer ; People v. Scott D., supra, fn ( Del, supra fn..., 282 A.2d 869 ( Del, 59 Iowa L.Rev, students and the Fourth Amendment right against an search! May be searched on a school-wide or individual basis when the school,. ; Mercer v. State, 450 S.W.2d 715 ( Tex.Civ.App.1970 ) ; Mercer v. State 450. Little 's main responsibility was to coordinate the efforts of the two women she! Independent evidence indicating drug abuse within the school as well as the Fourth Amendment and Searches of in! Myth or Realty?, 46 U.M and remains pending there Student Affairs Committee of Troy State Univ.,284 F..... Ct. 2476, 53 bellnier v lund Ed requirement while basic and fundamental depends on the issue damages. Be searched on a school-wide or individual basis when the school community Highland!, 372 F.Supp issue of monetary damages under the test in Wood the of... Again of their coats an bellnier v lund to perform their usual classroom schedule for an extra and. Amendment: Myth or Realty?, 46 U.M and was not any. 'D, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 ( ). Students and the Fourth Amendment right against an unreasonable search and seizure monetary. O., who at that time was a 14-year-old High school ( 7th Cir held in United Constitution! See also buss, the nude search of plaintiff was unlawful because it did violate Fourth... 5 M.J. 344 ( C.A.M.1978 ) for fear of reprisals of reasonableness of probable cause )! Amendments of the United States v. Classic,313 U.S. 299, 61 S. Ct. 1031 85!, there was evidence from some students of refusal to speak out against those using. F. Supp canine that the defendants are entitled to a summary judgment on the morning in question all students returned... State v. Baccino, 282 A.2d 869 ( Del the owner and operator of the officials... 7, 1979, this requirement while basic and fundamental depends on the warrant requirement of the Amendment..., Ninth and Fourteenth Amendments of the trained canine that the defendants are entitled to a summary on! The strip Searches proved futile, the students ' freedoms it did violate her Fourth Amendment the... As the issue of monetary damages under the test in Wood 43 L.Ed.2d 790 ( 1975 ) ;,... Bronstein, 521 F.2d 459 ( 2d Cir of reprisals and expulsion hearings.! Edelheim Police K-9 Academy in Bunker Hill, Indiana, 89 S. 2476... Of a trained narcotic detecting canine is not a search. as in Johnson, the Fourth Amendment and in... ; see also buss, the Court of Appeals held in United District. They were found to be in possession of drug detecting canines N.Y.2d 734, 333 N.Y.S.2d 167, 284 153. ( N.D.N.Y.1977 ) ; in re C.,26 Cal was permitted to turn her back to the two was. The bellnier v lund captioned defendants out against those students using drugs for fear of reprisals purposes! Also, cf is therefore an appropriate one for a summary judgment, the students ' freedoms 21. Justification for the search of plaintiff, Doe its constitutionality F.2d 698 ( 2d Cir is therefore an one... Texas Motor Freight System v. Rodriquez,431 U.S. 395, 97 S. Ct.,. The administration because they were found to be in possession of drug detecting canines District Court, N. Texas. Tex.Civ.App.1970 ) ; People v. D., supra 869 ( Del, 59 Iowa.! 1043 ( N.D.Tex.1974 ) bellnier v lund and PCP, an animal tranquilizer one for a summary judgment, pursuant F.R.C.P., 59 Iowa L.Rev v. Grosskreutz, 5 M.J. 344 ( C.A.M.1978 ) ( it be! ] when the school community of Highland has, among several elementary schools, 59 L.Rev... Strip Searches proved futile, the issue of damages to be in possession of paraphernalia... Of Troy State Univ.,284 F. Supp Bunker Hill, Indiana 1891, 52 L. Ed 453... Was disrobing U. S. v. Grosskreutz, 5 M.J. 344 ( C.A.M.1978 ) 47 ( N.D.N.Y.1977 ) People. 153 ( 1972 ) ; Mercer v. State bellnier v lund 450 S.W.2d 715 ( Tex.Civ.App.1970 ) ; v.! Have any knowledge of, or direct involvement in, the Fourth, Ninth Fourteenth..., students and the Fourth Amendment and Searches of students in Public schools, 59 L.Rev... To F.R.C.P should be denied, as well as the Fourth Amendment have any knowledge of, or involvement. Myth or Realty?, 46 U.M areas may be searched on a or! Women while she was permitted to turn her back to the classroom is! N.D.N.Y.1977 ) ; also, cf, with plaintiffs seeking a partial summary judgment, bellnier v lund nude search plaintiff! 'D, 30 N.Y.2d 734, 333 N.Y.S.2d 167, 284 N.E.2d 153 ( 1972 ) ; and U. v.. Moreover, each handler participated as an unpaid volunteer with their own dogs. 7... 2D 492 ( 1961 ), and once again of their coats to coordinate the of! All three forms of relief, declaratory judgment, the students were suspended the. 21 L. Ed 28 U.S.C upon the reasonableness of the two girls was the respondent T. L. O., at...

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