EDITORIAL: The death of common sense - Opinion

PRINT THIS Popular

Jul. 16, 2008
Copyright © Las Vegas Review-Journal

EDITORIAL: The death of common sense

Strip-searching kids over ibuprofen

Overturning two earlier rulings, the 9th U.S. Circuit Court of Appeals in San Francisco said last week an Arizona middle school assistant principal violated the constitutional rights of a 13-year-old public-school student by ordering her to be strip searched to determine whether she had in her possession a prescription-strength ibuprofen.

The 6-5 ruling by the San Francisco-based court -- binding in nine states including Nevada -- reinstated a lawsuit that a divided three-judge circuit panel threw out last year. The now-revived suit was brought by the parents of Savana Redding, who was an eighth grader at Stafford Middle School in southeastern Arizona when assistant principal Kerry Wilson ordered her out of math class and into his office to investigate whether she'd violated the school's "zero tolerance" drug policy, which prohibits even over-the-counter medication.

Most Popular Stories

LETTERS: With economists like these, who needs enemies?

LETTERS: Brace yourself for coming tax hikes

LETTERS: Nuclear power could be the answer for Nevada

EDITORIAL: Firemen's pensions past due for reform

EDITORIAL: Education 'consultants'

J.C. WATTS: Sonia Sotomayor and bootstraps

EDITORIAL: Internet sales taxes

LETTERS: So now you're in favor of regulation, eh?

FROM OUR READERS: In the dark about the new light bulbs

EDITORIAL: Hoe, hoe, hoe

School officials in the conservative ranching community had found another student with Savana's school planner and some ibuprofen pills. That "frightened" student claimed Savana had given her the pills. Savana denied it. After a search of her pockets and backpack yielded nothing incriminatory, Wilson ordered his administrative assistant and a school nurse to force the girl 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 undergarments while two females searched her clothes. She was ordered to partially remove her bra, exposing her breasts, and finally told to shake out the crotch of her underpants.

"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," Judge Wardlaw wrote. "No ibuprofen was found."

The majority said the search was unjustified because school officials made no attempt to corroborate the unsubstantiated claim by the "cornered" student who was "seeking to shift blame from herself" when she identified Savana as the source of the headache pills. Forcing a 13-year-old child to disrobe 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," Judge Wardlaw wrote.

The court cited arguments by the National Association of Social Workers that strip searches of children "can result in serious emotional damage, including the development of, or increase in, oppositional behavior."

The ruling held Wilson, the assistant principal, could be liable for monetary damages, while his aide and the school nurse were not because they were acting under his orders.

In a dangerous dissent, appeals court Judge Michael Daly Hawkins held the search was constitutional. "School officials deserve the greatest latitude when responding to behavior that threatens the health and safety of students or teachers. ..." Judge Hawkins wrote. "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."

Goodness. Should they have moved on to a gynecological exam? Why not force all the children to strip naked upon arrival at school, hosing them down for good measure? You never can tell who might be concealing a squirtgun.

A cynic might argue such experiences are good training for young people of Savana's generation, "breaking them in" to the kind of police state already in force at America's airports, the more general expansion of which is eagerly anticipated by the folks who now demand your fingerprints before you can cash a check or sign a mortgage document -- and a urine sample before you start your new job.

After all (this argument goes), it's Savana's parents who turned over their child to the government for indoctrination: What did they expect?

In fact, however, the appeals court errs here only in the implication that strip-searching a 13-year-old might be OK if school officials were looking for something a little more potent than Ibuprofen.

The presumption of innocence and the right to be secure from unreasonable search and seizure would not evaporate even if the suspected "crime" involved a reefer or a pocket knife.

Wilson was way out of line -- as were the members of the local school board who presumably empowered him with this "zero tolerance" zealotry.

Monetary damages? In some places, they do a lot more than that to a man who uses his position of authority to require a 13-year-old girl to take off all her clothes.

Share & Save

Leave Your Comment	16 Reader Comments
Terms & Conditions The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor. Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
Please enter your name Name: Please enter your email Email: Please enter a comment COMMENTS : (word count limit is 300) You have reached the maximum number of words allowed Current Word Count: Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background. Sad Summerlin wrote on July 16, 2008 06:19 PM: The 6-5 decision is the most disturbing part of this story... This should have been a slam dunk against the school for such an invasive procedure on a minor without the guardian of the minor present. Zero drug policies are absurd. Especially if it is over-the-counter medications. There are medical conditions that require the use of anti-inflammatory or pain medications that would violate this policy. No wonder the other girl was frightened or coerced into revealing her source of this VERY LEGAL medication... Our children need to be protected at schools from these monsters in charge... the wrong decision was made here... the parents have the full right to sue, but the decision should have demanded immediate termination for all those involved. The nurse had the duty to stop this procedure. The above was written understanding that what has been presented was true at face value. There once was a time in California where a small school McMartin Pre-School was shut down and teachers and administrator's jailed because the world thought they were abusing their kids and taking them to Satanic rituals... as it turns out, the kids were "hypnotized" into accusing the school but an overzealous child psychologist who mistook the testimony of one child (who was dealing with a parental abuse and divorce situation) and applied that case to the whole school... As it turned out, the school was closed and people jailed... and they were all innocent. James wrote on July 16, 2008 02:55 PM: Damn liberal Ninth Court. There they go again! tim wrote on July 16, 2008 11:42 AM: someone should take that assit.principle and shove a bottle of ibprofin up his you know what.what a bunch of freaks and some people on this site acually agree with the school,amazing. Brian wrote on July 16, 2008 11:41 AM: Common Sense, Once again you prove you have no commons sense at all. If you did, you'd realize this does not happen in 99% of the schools and in no school at all in Clark County. Of course, in Clark County, the kids rule the schools. x wrote on July 16, 2008 10:37 AM: x NO wrote on July 16, 2008 10:35 AM: Violating the rights is putting it mildy. The people of the United States should take action to sue and remove those individuls involved to include any judge that supported the strip search. This is unacceptable. Then again Nevada residents would support the abuse, just like they continue to do to this day. Those who abused their power and authority need to be held accountable.. This is NOT the way people are supposed to be treated in America... jnn wrote on July 16, 2008 09:18 AM: I couldn't even imagine the horror that girl felt! My daughter is 11 and she freaks out if her sister opens the bathroom door on her!! This is absurd. I would love to put my children in private, but at 10k a year per child, that's almost 1/2 of my yearly salary!! We could live in a tent and they could go to Las Vegas Day School - LMAO Dip Sheet wrote on July 16, 2008 08:39 AM: Oh LEWIS!, Too Good! Great catch! You mean the R-J might have this on the webiste, under, "Jobs at the R-J"? "Any job offer which may be made is contingent upon passing a pre-employment drug screen, and may, depending on the position, be subject to a background investigation. The Review-Journal is a member of the Stephens Media Group, and is an equal opportunity employer." I don't think so wrote on July 16, 2008 08:02 AM: They have no right to do that to a 13 year old girl. Perverted idiots abusing their power. exaggerated wrote on July 16, 2008 07:59 AM: I bet the girl and those related to her exaggerated or perverted the event. Read All Comments