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Coaster
Baʿal



Registered: 05/22/06
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13 year old girl strip searched for ibuprofen CASE OVERTURNED
#8633571 - 07/14/08 03:51 PM (4 years, 10 months ago) |
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Appeals court reinstates girl's strip-search case
9th Circuit judges reinstate two other rulings in the case of Savana Redding, 13, who was searched for ibuprofen at school.
By Maura Dolan, Los Angeles Times Staff Writer July 12, 2008
Schools may not strip-search students for drugs based on an unverified tip, a federal appeals court ruled Friday.
Overturning two other rulings, the U.S. 9th Circuit Court of Appeals said an assistant principal at an Arizona middle school violated the constitutional rights of a 13-year-old by ordering her to be strip-searched. He thought the honor student had prescription-strength ibuprofen; she did not.
The 6-5 ruling by the San Francisco-based court reinstated a lawsuit that a divided three-judge circuit panel threw out last year. The lawsuit was brought by the parents of Savana Redding, who was an eighth-grader at Safford Middle School in southeastern Arizona when the assistant principal ordered her out of math class and into his office to investigate whether she had violated a school policy that prohibited students from bringing medication -- even over-the-counter medication -- to school.
Another student had Savana's school planner and some ibuprofen pills, school officials had found.
That "frightened" student claimed Savana had given her the pills, the court said.
Savana denied having done so.
After a search of her pockets and backpack yielded nothing incriminatory, Kerry Wilson, the assistant principal, ordered his administrative assistant and a school nurse, both women, to force her to disrobe.
"The officials had Savana peel off each layer of clothing in turn," wrote Judge Kim McLane Wardlaw for the majority.
The girl stood in her bra and underwear while the two officials searched her clothes. Then she was ordered to partially remove her bra, exposing her breasts, and finally told to shake out the crotch of her underwear.
"Hiding her head so that the adults could not see that she was about to cry, Savana complied and pulled out her underwear, revealing her pelvic area," Wardlaw wrote. "No ibuprofen was found."
The search was unjustified, the court said, because officials made no attempt to corroborate the claim by a student who was "cornered" and "seeking to shift blame from herself."
Forcing Savana to disrobe also was a "disproportionately extreme measure," the majority said.
"Common sense informs us that directing a 13-year-old girl to remove her clothes, partially revealing her breasts and pelvic area, for allegedly possessing ibuprofen, an infraction that poses an imminent danger to no one, and which could have been handled by keeping her in the principal's office until a parent arrived or simply sending her home, was excessively intrusive," Wardlaw wrote, joined by Judges Harry Pregerson, Raymond C. Fisher, Richard A. Paez, Milan D. Smith Jr. and N. Randy Smith.
The court cited arguments by the National Assn. of Social Workers that strip searches of children "can result in serious emotional damage, including the development of, or increase in, oppositional behavior."
"And all this to find prescription-strength ibuprofen," Wardlaw wrote, noting that one pill has the strength of two over-the-counter Advil and might be commonly used by young women to treat menstrual cramps.
The ruling said that Assistant Principal Wilson was liable for monetary damages but that his aide and the school nurse were not because they were acting under his orders.
Judge Ronald M. Gould, joined by Judge Barry G. Silverman, dissented on the grounds that all the school officials had governmental immunity because the law was not clear at the time of the search.
Judge Michael Daly Hawkins, joined by Chief Judge Alex Kozinski and Judge Carlos T. Bea, dissented on the grounds that the search was constitutional.
Hawkins wrote: "School officials deserve the greatest latitude when responding to behavior that threatens the health and safety of students or teachers . . .
"When school officials reasonably believe that a student is carrying a weapon or harmful drugs, it will rarely be unreasonable for them to do what they can to neutralize the danger."
Although ibuprofen is mild, "that does not mean it is never harmful," Hawkins wrote.
The ruling affects nine states, including California, that are under the 9th Circuit's jurisdiction.
But California is one of at least seven states that prohibits strip searches of any student for any reason, the court said.
Adam B. Wolf, a lawyer with the ACLU Foundation, which helped represent Savana, said the ruling "sends a clear message to school administrators nationwide that they need to respect certain student privacy and that they can't take the drastic step of strip-searching a student based on one uncorroborated tip."
The lawyers for the school district were not available for comment.
i dont no if u guys remeber me posting this article be4 the case was overturned 2 months ago well finally they won jeesh took long enuf heres the old thread http://www.shroomery.org/forums/showflat.php/Number/8297438#8297438
(mod edit: added link)
Edited by veggie (07/14/08 04:12 PM)
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NobodyImportant
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Coaster]
#8633584 - 07/14/08 03:55 PM (4 years, 10 months ago) |
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fuckers, if they made me get naked in school I would make it so awkward for them... lol
then stab them.
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wortiesbo



Registered: 03/18/06
Posts: 772
Loc: new vegas
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: NobodyImportant]
#8633605 - 07/14/08 03:59 PM (4 years, 10 months ago) |
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Quote:
NobodyImportant said: fuckers, if they made me get naked in school I would make it so awkward for them... lol
then stab them.
fuck that. if they asked me to strip at school when i was still in school i would have told them to shove the bullshit right up their ass.
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Coaster
Baʿal



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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: NobodyImportant]
#8633606 - 07/14/08 03:59 PM (4 years, 10 months ago) |
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can u belive that some judges said that it was ok wowzers san fran for the fucking win once again
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MFDoom666
trash hoarder



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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: NobodyImportant]
#8633616 - 07/14/08 04:02 PM (4 years, 10 months ago) |
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damn they violated her in middle school?
fuckin' brutal.
all 3 of those school employees should be fired and executed.
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grimR
hippiousmaximous



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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: MFDoom666]
#8633619 - 07/14/08 04:05 PM (4 years, 10 months ago) |
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haha I would tease them and do a little strip dance. then tell my parents they made me do it.. yea
-------------------- - grimR
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mellontatauda
Stranger


Registered: 06/05/08
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: grimR]
#8633698 - 07/14/08 04:23 PM (4 years, 10 months ago) |
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ya, just bolt out the room when you're naked make a scene in the halls pulling out your hair and throwin a fit
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MFDoom666
trash hoarder



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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: mellontatauda]
#8633716 - 07/14/08 04:25 PM (4 years, 10 months ago) |
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then u could pull the, 'sorry i was high on pcp' card.
works everytime.
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PsilocybinMike
T.F.Y.Q.A


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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Coaster]
#8633807 - 07/14/08 04:49 PM (4 years, 10 months ago) |
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Quote:
Overturning two other rulings, the U.S. 9th Circuit Court of Appeals said an assistant principal at an Arizona middle school violated the constitutional rights of a 13-year-old by ordering her to be strip-searched. He thought the honor student had prescription-strength ibuprofen; she did not.
PRESCRIPTION STRENGTH IBUPROFEN?? Are you fucking KIDDING me? Wow dude, I wasn't even aware that ibuprofen was grounds for a strip search, considering it has 0 recreational or abusive uses.
Sounds to me like some sick fuck principal, I hope some people were fired behind this. That's got to be the most pathetic news story I've read on here in awhile, and I come across them quite often.
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Coaster
Baʿal



Registered: 05/22/06
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: PsilocybinMike]
#8633882 - 07/14/08 05:03 PM (4 years, 10 months ago) |
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im guessing they didnt no that ibuprofen had zero recreational value
all they know is zero tolerance and thats how they live their valueless puppet lives
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Ram Dass
A Friend



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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: PsilocybinMike]
#8633886 - 07/14/08 05:04 PM (4 years, 10 months ago) |
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Why weren't the parents called. A minor getting strip searched at school is extreme, the parents should have been called.
-------------------- I just don't know anymore
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Coaster
Baʿal



Registered: 05/22/06
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Ram Dass]
#8633905 - 07/14/08 05:20 PM (4 years, 10 months ago) |
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no fucking shit
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dblaney
Human Being

Registered: 10/03/04
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Coaster]
#8633984 - 07/14/08 05:37 PM (4 years, 10 months ago) |
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Quote:
The ruling said that Assistant Principal Wilson was liable for monetary damages but that his aide and the school nurse were not because they were acting under his orders.
Oh good...glad to see people are being held responsible for their actions. It's true that in certain situations there are factors that would significantly decrease responsibility of people following orders, but not a school nurse and principal's aide.
-------------------- "What is in us that turns a deaf ear to the cries of human suffering?"
"Belief is a beautiful armor
But makes for the heaviest sword"
- John Mayer
Making the noise "penicillin" is no substitute for actually taking penicillin.
"This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it." -Abraham Lincoln
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_Silence_
Silence



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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: dblaney]
#8634107 - 07/14/08 06:04 PM (4 years, 10 months ago) |
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All that for so ibprofin wtf they should be put in prison!
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" We will come to find that we are all one mind "
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kiowa27
educated idiot



Registered: 01/30/08
Posts: 144
Loc: Midwest
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: _Silence_]
#8634422 - 07/14/08 07:31 PM (4 years, 10 months ago) |
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no sense getting fired up about it, just add this to the ever growing pile of bullshit that we tolerate in this country...
"This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it." -Abraham Lincoln
-------------------- Evil is wasted on the wicked. Only the virtuous can truly plumb its depths, because only they have the necessary strength of conviction.
Edited by kiowa27 (07/14/08 07:32 PM)
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Dephect
New Life




Registered: 08/10/07
Posts: 1,429
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: _Silence_]
#8634514 - 07/14/08 07:52 PM (4 years, 10 months ago) |
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I got strip searched at school once but I had a hawt fuckin dean so it didn't matter. Haha jk. She was ugly 
The rules here are if they even search you it has to be by another of the same sex. If clothes come off. The opposite sex has to leave the room. They have to find something for you to get in trouble. Unless you reak of weed or fail a coordination test or a breathalizer. Im glad I am done with that shit though. They made sure they fucked me up the ass before I graduated though lol they hated me. The day before I graduated they gave me my first strike for being under the influence and I had to take a six week class to walk and get my diploma. Fuckin nazi bastards.
If I was that girl though and knew consciously what she could have done to completely fuck them over and done something crazy and said the principle was making me turn around slowly and wiggle a bit. I dont know. School systems are just messed up these days.
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SamSara
Nobody
Registered: 07/17/07
Posts: 54
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Dephect]
#8634645 - 07/14/08 08:33 PM (4 years, 10 months ago) |
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So basically we let pedophiles run our schools while our children sit through classes with headaches.
So F'd up.
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Mr.Al
Alphabet soup



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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: SamSara]
#8634803 - 07/14/08 09:07 PM (4 years, 10 months ago) |
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Shit like this makes you want to home-school your kids. I wouldn't care about being naked, I'd just whip my shit out and tell them that they will never be as impressive as me. Now, girls are different. Young girls especially should never be subjected to this. This is borderline rape. People need to stand up for each other. Sexual mistreatment of women is not something that we should stand for. Authorities do nothing out of sheer bureaucratic ineptitude. We just need to start handling things like this on a community level. The fascist assholes need to be defeated!
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xpl0de
ḆṻЯŇ_őǖŦ




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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Coaster]
#8635398 - 07/14/08 11:16 PM (4 years, 10 months ago) |
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Quote:
Coaster said: and thats how they live their valueless puppet lives
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Ima Trooper
Chilldog Extraordinaire



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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: xpl0de]
#8635848 - 07/15/08 01:21 AM (4 years, 10 months ago) |
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Oh jesus fucking christ. Ibuprofen.
-------------------- OP is now RP! Read about it here!
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DOSESandROLLS
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Ima Trooper]
#8635910 - 07/15/08 01:40 AM (4 years, 10 months ago) |
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this country makes me sick sometimes.
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agonyandecstasy
Hippie


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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: DOSESandROLLS]
#8636115 - 07/15/08 03:00 AM (4 years, 10 months ago) |
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If I was her, I wouldn't have tried to hide my crying little 13-year-old face. I would've milked that shit for all it was worth and cried the whole fucking time, and excessively. Then after I would have gone to the bathroom and pretended to puke from emotional stress.
She would've won the case right then and there.
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MHbound
Ballin Out At All Cost


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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Ima Trooper]
#8636668 - 07/15/08 09:13 AM (4 years, 10 months ago) |
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Prescription Strength IB profen. Hahahaa.
Well if I'm a child molester I know what I'm doing. I'm going to be a teacher, and say I saw drugs. Then strip girl the little girl/boy, and have a hidden camera for it. Sick ass people.
I would have gotten butt ass naked, and then act like I was freaking out and streaked down the hallways. I would just say I had a panic attack, and didn't know what to do. I wanted to do that so bad when I was younger.
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ShroomNinja
P. Shuriken -Ninjas Choice!!



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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Ima Trooper]
#8636713 - 07/15/08 09:33 AM (4 years, 10 months ago) |
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i dont get why she didnt just refuse. they couldnt take her clothes off her, and if they tried she could have added sexual assult to the list. honestly this is disgusting. and the thing that 5 out of 11 judges said it was ok.... maybe those judges need some background checks the fucking peados!!
-------------------- Welcome To The Realm of The Unknown!!
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johnm214



Registered: 05/31/07
Posts: 16,574
Loc: Americas
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Coaster]
#8636897 - 07/15/08 10:41 AM (4 years, 10 months ago) |
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Quote:
Coaster said: can u belive that some judges said that it was ok wowzers san fran for the fucking win once again
No they didn't, and this case was not over whether the search was legal or whether it was advisable.
You're confusion is understandable given the shitty coverage of the paper, but the above stands--> not regarding legality of the search.
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nicebloomers
Stranger


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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Ima Trooper]
#8639150 - 07/15/08 08:07 PM (4 years, 10 months ago) |
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a fucking 13 Year old!!!!! strip searched for IBUPROFEN!!!!!! what the fuck is this world coming to? if that was my daughter, id beat the principal until he was a vegetable. if it was my sister, you bet your ass id wear a trenchcoat to school and pull a colombine on that fucking principal. it sickens me the extent that a war on "dangerous substances" can actually make people believe that making a 13 year old girl strip off all her clothes in order to find a prescription Ibuprofen (which could be used to treat cramps cause by periods, Duh its a girl!) is okay. is there anyone out there that can possibly think that the damage done to this young girls head is equivalent to that done by a few ibuprofen? fucking disgusting. shit is fucked.
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Ojom
member




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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: johnm214]
#8639878 - 07/15/08 10:54 PM (4 years, 10 months ago) |
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Quote:
johnm214 said:
Quote:
Coaster said: can u belive that some judges said that it was ok wowzers san fran for the fucking win once again
No they didn't, and this case was not over whether the search was legal or whether it was advisable.
You're confusion is understandable given the shitty coverage of the paper, but the above stands--> not regarding legality of the search.
Please elaborate as I do not understand what you have said.
It was my understanding that the appeals court ultimately said that this search was not appropriate and the principal could be liable for monetary damages. However some judges had disagreed and said that the search was appropriate.
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Dephect
New Life




Registered: 08/10/07
Posts: 1,429
Loc: Metropolis
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: nicebloomers]
#8640421 - 07/16/08 01:04 AM (4 years, 10 months ago) |
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Quote:
nicebloomers said: a fucking 13 Year old!!!!! strip searched for IBUPROFEN!!!!!! what the fuck is this world coming to? if that was my daughter, id beat the principal until he was a vegetable. if it was my sister, you bet your ass id wear a trenchcoat to school and pull a colombine on that fucking principal. it sickens me the extent that a war on "dangerous substances" can actually make people believe that making a 13 year old girl strip off all her clothes in order to find a prescription Ibuprofen (which could be used to treat cramps cause by periods, Duh its a girl!) is okay. is there anyone out there that can possibly think that the damage done to this young girls head is equivalent to that done by a few ibuprofen? fucking disgusting. shit is fucked.
Okay first of all. Seeing as how I live in the Colorado area and knew people that went to Columbine and died. Your fucked up if you say that shit. You dont even understand what its like when a friend is shot up reading a fucken psalm because two little pussy fucks couldnt bear the weight of life and decided to take it out in fashion that was created by a mind washing video game. In no way should anyone react in that way to anything.
But hey just my opinion.
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Heaven - the great big rave in the sky.
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Seuss
Error: divide byzero



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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Dephect]
#8641097 - 07/16/08 05:44 AM (4 years, 10 months ago) |
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Quote:
You dont even understand what its like when a friend is shot up reading a fucken psalm because two little pussy fucks couldnt bear the weight of life and decided to take it out in fashion that was created by a mind washing video game.
Perhaps if the students at the school had been a bit less evil to the two "pussy fucks", then the two "pussy fucks" wouldn't have resorted to violence. The violent games were an escape from brutality these two students received at the hands of their peers on a daily basis. Something drove them to hate other students enough to want to kill, and it wasn't the games.
Getting back on topic... the school should have called the police if the alleged crime was severe enough, in the schools opinion, to require a strip search.
-------------------- Just another spore in the wind.
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nicebloomers
Stranger


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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Seuss]
#8642720 - 07/16/08 03:43 PM (4 years, 10 months ago) |
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dude i never said that the kids in the school should be hurt i meant that the person who ordered a strip search of a 13 year old girl for fucking ibuprofen should be shot hence " id pull a colombine on that Principal" so fuckin chill out im sorry about your friend but you misunderstood what i was trying to say. i simply meant that when shit like this happens, someone will flip out eventually and a situation like this is a perfect catalyst for violence. if you dont think that principal was in the wrong then you need to weigh the situation a bit more carefully, the private rights and liberties as well as the mental health of a young girl vs. a harmless drug causing no immediate danger to anyone. take your eyes off of the colombine part and focus on the real issue obviously noone here is trying to offend the parents of the kids that died at colombine or the friends or family, so take it down a notch buddy.
Edited by nicebloomers (07/16/08 03:53 PM)
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nicebloomers
Stranger


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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Seuss]
#8642739 - 07/16/08 03:46 PM (4 years, 10 months ago) |
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Perhaps if the students at the school had been a bit less evil to the two "pussy fucks", then the two "pussy fucks" wouldn't have resorted to violence. The violent games were an escape from brutality these two students received at the hands of their peers on a daily basis. Something drove them to hate other students enough to want to kill, and it wasn't the games.
Getting back on topic... the school should have called the police if the alleged crime was severe enough, in the schools opinion, to require a strip search.
yeah it would have been alot more tasteful for them to search her if she was away from her peers and stuff. i dont think there is any excuse for them to go about it the way they did.
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johnm214



Registered: 05/31/07
Posts: 16,574
Loc: Americas
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Ojom]
#8643966 - 07/16/08 07:58 PM (4 years, 10 months ago) |
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Quote:
Ojom said:
Quote:
johnm214 said:
Quote:
Coaster said: can u belive that some judges said that it was ok wowzers san fran for the fucking win once again
No they didn't, and this case was not over whether the search was legal or whether it was advisable.
You're confusion is understandable given the shitty coverage of the paper, but the above stands--> not regarding legality of the search.
Please elaborate as I do not understand what you have said.
It was my understanding that the appeals court ultimately said that this search was not appropriate and the principal could be liable for monetary damages. However some judges had disagreed and said that the search was appropriate.
1st presumption: Case dismissed on summary judgment at district court ( I believe).
The Court decided that the alleged behavior of the school so offended and violated the constitution that any rational person in their position should have known they could not have strip searched the girl how they did.
The contention was over whether the violation was clear to a normal person in their position, not whether it violated the constitution.
So the court decided that the behavior could sustain a jury verdict and their was no privledge.
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Ojom
member




Registered: 10/28/99
Posts: 1,883
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: johnm214]
#8645163 - 07/17/08 01:16 AM (4 years, 10 months ago) |
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Quote:
johnm214 said:
Quote:
Ojom said:
Quote:
johnm214 said:
Quote:
Coaster said: can u belive that some judges said that it was ok wowzers san fran for the fucking win once again
No they didn't, and this case was not over whether the search was legal or whether it was advisable.
You're confusion is understandable given the shitty coverage of the paper, but the above stands--> not regarding legality of the search.
Please elaborate as I do not understand what you have said.
It was my understanding that the appeals court ultimately said that this search was not appropriate and the principal could be liable for monetary damages. However some judges had disagreed and said that the search was appropriate.
1st presumption: Case dismissed on summary judgment at district court ( I believe).
The Court decided that the alleged behavior of the school so offended and violated the constitution that any rational person in their position should have known they could not have strip searched the girl how they did.
The contention was over whether the violation was clear to a normal person in their position, not whether it violated the constitution.
So the court decided that the behavior could sustain a jury verdict and their was no privledge.
Having re-evaluated the entire article based on what you've said, I still think chemy's post is right. At least one judge did believe the strip search was appropriate.
Quote:
Judge Michael Daly Hawkins, joined by Chief Judge Alex Kozinski and Judge Carlos T. Bea, dissented on the grounds that the search was constitutional.
Hawkins wrote: "School officials deserve the greatest latitude when responding to behavior that threatens the health and safety of students or teachers . . .
"When school officials reasonably believe that a student is carrying a weapon or harmful drugs, it will rarely be unreasonable for them to do what they can to neutralize the danger."
Although ibuprofen is mild, "that does not mean it is never harmful," Hawkins wrote.
That sounds to me like he approved of the search which I thought was the real substance behind chemy's post.
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johnm214



Registered: 05/31/07
Posts: 16,574
Loc: Americas
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: Ojom]
#8645581 - 07/17/08 04:03 AM (4 years, 10 months ago) |
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I don't know about Chemy's post, I was just responding to the notion that they were rulling on the legality/consitutionality of the search.
They were rulling on whether the state actors violated clearly established consitutitonal rules.
He was speaking on policy and whether they could be protected by the shroud of ualified immunity, and obviously he thought they could- whether or not they violated the law.
I hate this shit though... the guy is talking about what "school officials deserve"... wtf? They deserve the law. This guy is acting like he is making policy determinations. WTF? Enforce the law, jackass.
I would like to point out this is the kind of activist judge that doesn't get spoken about much- the conservative kind.
He argued that the school officials should have latitude and that ibuprofe was dangerous in some cases.
So what? Whether or not the constitution was clearly violated has nothing to do with what the school nazi's should have.
I hate that kinda language in judge's opinions. The dangers of ibuprofen are something that should be decided at trial. I doubt the plaintiff conceeded the drug was dangerous, so teh judges had no buisness concluding it was.
Mind you its even more out of place in an opinion where by law he must presume the plaintiff's allegations true, and not make evidentiary or factual determinations at odds with the plaintiff. I agree it sounds like the disenter might agree with the tactics, but you must remember..
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Coaster
Baʿal



Registered: 05/22/06
Posts: 33,501
Loc: Deep in the Valley
Last seen: 1 year, 7 months
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Re: 13 year old girl strip searched for ibuprofen CASE OVERTURNED [Re: johnm214]
#8645652 - 07/17/08 04:55 AM (4 years, 10 months ago) |
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im going 2 become a judge and change the world
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