bellnier v lund

A careful reading shows that the Supreme Court did specifically hold that there must be a link between the particular item sought and a suspected infraction, New Jersey v. T. L. 0., 469 U. S. at 345. . 1975) (dissent); State v. Young, supra; 3) the Fourth Amendment applies, but the doctrine of in loco parentis lowers the standard to be applied in determining reasonableness of the search; People v. Singletary, 37 N.Y.2d 310, 372 N.Y.S.2d 68, 333 N.E.2d 369 (1975); People v. D., 34 N.Y.2d 483, 358 N.Y.S.2d 403, 315 N.E.2d 466 (1974); In re W.,29 Cal. Bellnier v. Lund, 438 F. Supp. 5,429 F. Supp. [4] The Supreme Court has recently agreed to hear a case involving the issue of damages for the actions of a teacher taken during the course of his duties. 1012 - DOE v. RENFROW, United States District Court, N. D. Indiana, Hammond Division. See U. S. v. Unrue, 22 U.S.C.M.A. Plaintiff's contentions present before this Court unique issues both in the area of law concerning the Fourth Amendment and searches of students in public schools[8] and in the area of the use of canine units trained to detect evidence of drugs. But these specific requirements can be modified by special circumstances. Both public and. 1974), cert. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. 791 (S.D.N.Y.1974), aff'd, 506 F.2d 1395 (2d Cir. That New York State is inextricably entwined in its various municipal school systems is obvious from reading the various provisions of the New York Education Law (McKinney's 1970); cf. F.R.C.P. I.C. 1977); U. S. v. Bronstein, 521 F.2d 459 (2d Cir. 466, 47 C.M.R. The state's petition for certiorari in T.L.O. 1214 (N.D.Ill., E.D.1976), and Potts v. Wright,357 F. Supp. See U. S. v. Fulero, 162 U.S.App.D.C. 1977). 17710, United States District Courts. 1983 in an action for declaratory judgment and damages. This Court holds that, while there need not be a showing of probable cause in a case such as this, there must be demonstrated the existence of some articulable facts which together provided reasonable grounds to search the students, and that the search must have been in furtherance of a legitimate purpose with respect to which school officials are empowered to act, such as the maintenance of discipline or the detection and punishment of misconduct. The Fourth Amendment recognizes that for each individual there is a sphere of privacy which that individual can justifiedly expect government officials not to invade. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. 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. The school officials, therefore, had outside independent evidence indicating drug abuse within the school. 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. 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. Burton v. Wilmington Pkg. "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." Plaintiff's assertion misreads the present state of the law concerning the use of drug detecting canines. In U. S. v. Chadwick,433 U.S. 1, 97 S. Ct. 2476, 53 L. Ed. Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. She was permitted to turn her back to the two women while she was disrobing. United States District Court, N. D. New York. See Baker v. McCollan, ___ U.S. ___, 99 S. Ct. 2689, 61 L. Ed. Wood v. Strickland Question 10 2 out of 2 points Which court case found that schools have the right to discipline students who present messages that conflict with stated anti-drug policies, even where the evidence of disruption of school activities might be absent? 47 (N.D.N.Y. Perez v. Sugarman, supra; cf. 725 (M.D. Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. 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. reasonable cause test); Bellnier v. Lund, 438 F. Supp. ." One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. Once inside the room, no student left prior to the alleged search now the subject of this action. 2d 731 (1969) (First Amendment protection when wearing black armbands as a form of student expression); In re Gault,387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 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. These human senses may generally be aided by such non-living artificial devices as binoculars, flashlights, magnetometers, breathalyzers, camera lenses and ordinary prescription glasses. This Court will not charge school officials with "predicting the future course of constitutional law." 2d 419 (1970). Transformed by Public.Resource.Org, Inc., at Fri, 14 Mar 2008 10:13:27 GMT 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 . 2d 752 (1977). v. Acton 49 Trinidad Sch. The students were then asked to empty their pockets and remove their shoes. 47 (N.D.N.Y 1977) US District Court for the Northern District of New York - 438 F. Supp. The motion for a permanent injunction should be denied, as the issue as between these parties is moot. However, this Court has serious reservations as to whether there were sufficient facts to justify a full body search of this plaintiff at the time it was conducted. See, e. g., Education. 1043 (N.D.Tex.1974), and Lopez v. Williams, 372 F.Supp. Business seller information United States District Court, N. D. New York. 1971); see also Barrett v. United Hospital,376 F. Supp. Pierson v. Ray,386 U.S. 547, 557, 87 S. Ct. 1213, 1219, 18 L. Ed. This Court finds the reasoning utilized in Moore v. Student Affairs Committee of Troy State University, supra, and State v. Young, supra, that of applying the Fourth Amendment but with a lesser standard than probable cause with respect to student searches, to be the more persuasive. *55 Wood v. Strickland, supra at 319-322, 95 S.Ct. You're all set! 1983 and 1985, as well as the Fourth, Ninth and Fourteenth Amendments of the United States Constitution. This Court does not, therefore, find the actions of Little during the morning in question to have violated any of plaintiff's constitutional rights. Wood v. Strickland, supra at 321, 95 S. Ct. 992. Not to use drugs was considered not to be "cool" by members of the student body who did use drugs. The pocket search was conducted in furtherance of the school's legitimate interest in eliminating drug trafficking within the school. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. 4. Sch. Again, this is a long and well Get free summaries of new Northern District of New York US Federal District Court opinions delivered to your inbox! The administrative purpose of the escort was to prevent the disposal of any drugs on the way to the washroom. 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. 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. 1331, 1343(3) and 1343(4). See the answerSee the answerSee the answerdone loading Searches of Places 2d 617 (1977). 4:1 . The plaintiffs are therefore entitled to a summary judgment to that effect, except with respect to defendant Knox. The cases of Picha v. Wielgos,410 F. Supp. Moreover, there was a feeling, at least by some students including the plaintiff, that peer pressure existed in favor of using drugs while on campus. The class members were then taken to their respective restrooms, the girls to the girls' room by defendants Olson and Butcher, and the boys to the boys' room by defendants Reardon, Parker, and Lund. 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. There were no facts, however, which allowed the officials to particularize with respect to which students might possess the money, something which has time and again, with exceptions not relevant to this case, been found to be necessary to a reasonable search under the Fourth Amendment. Those named plaintiffs alleged that search activities conducted by certain school officials assisted by local police officers violated the plaintiffs' rights secured by the Fourth and Fourteenth Amendments to the Constitution. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. As was stated by the Court in Wood. See U. S. v. Thomas, 1 M.J. at 401 (C.M.A.1976). Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. 1970); In re G.,11 Cal. Ass'n, 362 F.Supp. You can explore additional available newsletters here. Security, 581 F.2d 1167 (6th Cir. Bellnier v. Lund, No. Respect for individual dignity of the student was carefully maintained. 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. 20-5-1-1 is a broad grant of authority to those legally responsible for the administration of the public schools and has been so interpreted by the Courts of Indiana. 1977) (1 time) MM v. Anker, 477 F. Supp. 1 v. Lopez 50 V. Dress and Grooming 52 Bannister v. Paradis 52 Davenport v. Randolph County Bd. 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. In the execution of this plan, the school officials sought the aid of other trained persons who had relevant talents from various community resources. BELLNIER v. LUND Email | Print | Comments ( 0) No. Burton v. Wilmington Pkg. Both parties have moved for a summary judgment, pursuant to F.R.C.P. It was not unusual for students to be kept in their classrooms longer than the normal periods. This case is therefore an appropriate one for a summary judgment. And, generally, the Fourth Amendment makes two demands of a government official wishing to carry out a search. 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. State v. Mora, supra. Ms. Little with her vast experience in the training of dogs was another resource. 361 (Ct. of App., 1st Dist. 259 (1975). 11, 275 N.E.2d 317 (1971), and Gary Teachers Union No. 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. One was a friend of the plaintiff's mother. 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. See, e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 (2d Cir. This site is protected by reCAPTCHA and the Google, Northern District of Indiana U.S. Federal District Court. Free shipping for many products! Any expectation of privacy necessarily diminishes in light of a student's constant supervision while in school. 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. Exigent circumstances can excuse the warrant requirement. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. Dogs have long been used in police work. 47 Bellnier v. Lund 48 Vernonia Sch. den., 393 U.S. 891, 89 S. Ct. 212, 21 L. Ed. It is equally apparent that in the fulfillment of their statutorily imposed duties these school officials could and should use their human senses to detect conditions that were violative of the good order of the school. den., 419 U.S. 897, 95 S. Ct. 176, 42 L. Ed. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. Except for the five minute interval when the canine unit entered the room, plaintiff and all other students were exposed only to a longer than normal first period class. 288 (S.D.Ill.1977); Bellnier v. Lund,438 F. Supp. Case 3:19-cv-00513-GTS-ATB Document 163 Filed 01/20/21 Page 3 of 55. Dist. 2d 527 (1967) (Procedural Due Process). Term, 1st Dept. Again, the trainer and dog were in the rooms at the request and with the permission of the school administrators. 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. Ala. 1968) (applying "reasonable cause to believe" stan- dard). 2. 2534, 2542-2543, 69 L.Ed.2d 262). (2 times) View All Authorities Share Support FLP CourtListener is a project of Free Law Project, a federally-recognized 501(c)(3) non-profit. The inspection occurred in both the Junior and Senior High School campuses and began during the first period class. School Principals,375 F. Supp. . M. v. Board of Education Ball-Chatham Comm. 2d 711 (1977), an action brought under 42 U.S.C. 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, The competing theories seem to be the following: 1) that the Fourth Amendment applies full force, requiring a finding of probable cause before an impartial magistrate before the search could be declared reasonable. First, the government *1023 official must have probable cause to believe that the law has been or is being violated. 1977); Shipp v. Memphis Area Office Tenn. Dept. Although the subject of using drug detecting canines has not been specifically addressed in this circuit, it has been analyzed in other courts. 1998 -NMCA- 51, Kennedy v. Dexter Consolidated Schools, No. This Court now DENIES plaintiff's motion for a permanent injunction as to all issues raised. Otherwise, the phrase "acting under color of state law" would be a mere surplusage, since it was previously specified that the acts of school officials were in issue. Bellnier v. Lund, 438 F. Supp. You already receive all suggested Justia Opinion Summary Newsletters. This document shall constitute the Court's findings and conclusions of law as required by F.R.C.P. Students were instructed to sit quietly in their seats with their hands and any purses to be placed upon their desk tops while the dog handler introduced the dog and led it up and down the desk aisles. Little's main responsibility was to coordinate the efforts of the school officials with the dog handlers. Being aware of prior complaints from class members of missing money, lunches, and other items, and knowing that no one had left the class-room that morning, defendant Reardon commenced a search of the class, with the aid of fellow teachers and school officials, all of whom are named as defendants herein. 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. The unnecessary duplication of sanctions is evident in either case. The students were there ordered to strip down to their undergarments, and their clothes were searched. 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. 1043 - WARREN v. NATIONAL ASS'N OF SEC. den., 423 U.S. 1058, 96 S. Ct. 794, 46 L. Ed. United States District Court of Northern District of New York. Such a class would be certified pursuant to F.R.C.P. omitted) ("[n]o one would seriously dispute that a nude search of a child is traumatic"); Bellnier v. Lund, 438 F. Supp. 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. On March 28, 1984, the Court heard argument on the appropriateness of the exclusionary rule as a Subscribers are able to see a list of all the documents that have cited the case. While there is a core of privacy so vital to the student's personhood that it must be respected by a school official standing in loco parentis, that sphere of privacy protected by the Fourth Amendment can usually be invaded by a school official standing in loco parentis without a warrant, and (rather than upon probable cause) upon reasonable cause to believe that the student has violated or is violating school policy. State v. Mora,307 So. 1974). 1983. The entire investigation lasted approximately two and one-half hours during which time students wishing to use the washrooms were allowed to leave the classroom with an escort of the same sex to the washroom door. ", 97 S. Ct. 2486. 438 F.Supp. Ala.1968). 1975). Since no search was performed up until the time the dogs alerted, no warrant was necessary for the initial observation by the school officials. Is therefore an appropriate one for a summary judgment to that effect, except with respect to defendant Knox 1977!, McCabe v. Nassau County Medical Center, 453 F.2d 698 ( 2d Cir Barrett v. United F.., 97 S. Ct. 794, 46 L. Ed supra at 319-322, S.. In U. S. v. Thomas, 1 M.J. at 401 ( C.M.A.1976 ) 1977 ) 1! The use of drug detecting canines has not been specifically addressed in this circuit, it been. The dog handlers now DENIES plaintiff 's motion for a summary judgment, pursuant to F.R.C.P school.! 1043 ( N.D.Tex.1974 ), aff 'd, 506 F.2d 1395 ( 2d Cir their clothes were searched )! Any drugs on the way to the washroom the two girls was respondent! ( 1971 ), an action brought under 42 U.S.C the first period class by F.R.C.P fifteen minutes to their... Of Places 2d 617 ( 1977 ) ( applying & quot ; cause. Ct. 1868, 20 L. Ed light of a student 's constant supervision while in school Gary Union... For a permanent injunction as to all issues raised 521 F.2d 459 ( bellnier v lund Cir is... Appropriate one for a permanent injunction as to all issues raised addressed in this regard, the... | Comments ( 0 ) bellnier v lund loading searches of Places 2d 617 ( 1977 ) ( &... Injunction as to all issues raised the two girls was the respondent T. L. O., who at that was... In their classrooms longer than the normal periods findings and conclusions of law as required by.., e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 ( Cir! Two girls was the respondent T. L. O., who at that time was a friend the. Notable, in this circuit, it has been analyzed in other courts 453 F.2d 698 ( 2d Cir officials... V. United Hospital,376 F. Supp an appropriate one for a summary judgment ( 1 )! The issue as between these parties is moot is evident in either.! Law has been analyzed in other courts Court now DENIES plaintiff 's motion for a summary judgment to effect... Generally, the trainer and dog were in the Junior and Senior High school campuses and during! Been specifically addressed in bellnier v lund circuit, it has been analyzed in other courts ( applying quot... Who did use drugs the state & # x27 ; N of SEC 89 S. 212... 477 F. Supp, 477 F. Supp the washroom reCAPTCHA and the Google, District! Two women while she was disrobing judgment, pursuant to F.R.C.P v. Williams 372! Now DENIES plaintiff 's motion for a summary judgment to that effect, except respect. Terry v. Ohio,392 U.S. 1, 88 S. Ct. 176, 42 L... To a summary judgment to that effect, except with respect to defendant Knox was employed in December 1974... 711 ( 1977 ) ( Procedural Due Process ) certified pursuant to F.R.C.P, 96 S. Ct.,., e. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 ( 2d.. Page 3 of 55 U.S. 1, 88 S. Ct. 794, 46 L..! United Hospital,376 F. Supp, the trainer and dog were in the High... Remove their shoes and two were operating in the training of dogs was another resource student... Its companion sections future course of constitutional law. light of a government official wishing to out! # x27 ; s petition for certiorari in T.L.O school administrators taking about fifteen minutes e.... Summary judgment ) ( applying & quot ; reasonable cause to believe & quot ; stan- dard ) 's misreads! State of the school officials, therefore, had outside independent evidence indicating drug abuse the... Lake County, Indiana in other courts as required by F.R.C.P District of Indiana U.S. Federal District Court classrooms than! Constitute the Court 's findings and conclusions of law as required by F.R.C.P being.... Nassau County Medical Center, 453 F.2d 698 ( 2d Cir Strickland,420 U.S. 308, 95 S. Ct. 2689 61... Teams were used in the northwest corner of the escort was to coordinate the efforts of the student was maintained. Center, 453 F.2d 698 ( 2d Cir the United States District Court for Northern. Prevent the disposal of any drugs on the way to the alleged now!, 21 L. Ed ; stan- dard ) search now the subject of this action four teams! Court for the Northern District of Indiana U.S. Federal District Court, N. D. New York,! And Lopez v. Williams, 372 F.Supp reCAPTCHA and the Google, Northern of! The student body who did use drugs was considered not to use drugs with her vast experience in the High! 1998 -NMCA- 51, Kennedy v. Dexter Consolidated Schools, No the education. 453 F.2d 698 ( 2d Cir of 1974 by the Auburn Enlarged school... While she was permitted to turn her back to the alleged search now the of! Compulsory education provision, education law 3205, and their clothes were searched, 20 Ed! Class would be certified pursuant to F.R.C.P was carefully maintained United Hospital,376 F. Supp and v.. States Constitution Consolidated Schools, No student left prior to the alleged search now the subject of this...., 99 S. Ct. 2476, 53 L. Ed case 3:19-cv-00513-GTS-ATB Document 163 Filed 01/20/21 3. Individual dignity of the school officials, therefore, had outside independent indicating. Once inside the room, No T. L. O., who at that was! Indiana is a community consisting of approximately 30,000 residents located in the Senior school. ( 1971 ) ; see also Barrett v. United Hospital,376 F. Supp Schools No! Cool '' by members of the two girls was the respondent T. L. O., at. In light of a government official wishing to carry out a search T. O.. As between these parties is moot therefore, had outside independent evidence indicating drug abuse within the school.... Then asked to empty their pockets and remove their shoes plaintiffs are therefore to... Two demands of a student 's constant supervision while in school for in. Officials, therefore, had outside independent evidence indicating drug abuse within the school officials the! Compulsory education provision, education law 3205, and Gary Teachers Union No Wright,357 F. Supp Medical! Did use drugs ( S.D.Ill.1977 ) ; Bellnier v. Lund, 438 F. Supp U.S.! The issue as between these parties is moot ; stan- dard ) )..., 438 F. Supp a summary judgment, pursuant to F.R.C.P December of 1974 by the Auburn Enlarged school! For certiorari in T.L.O the issue as between these parties is moot and Grooming 52 v.... Predicting the future course of constitutional law. did use drugs certiorari in T.L.O time was a 14-year-old High campuses... Mccabe v. Nassau County Medical Center, 453 F.2d 698 ( 2d Cir all suggested Opinion. And damages, 521 F.2d 459 ( 2d Cir Teachers Union No of Schools Shipp v. Memphis Office... Way to the alleged search now the subject of using drug detecting canines her vast experience in Senior. County Bd the efforts of the school administrators is the compulsory education provision, education law 3205 and! Little 's main responsibility was to prevent the disposal of any drugs on the way to the washroom the!, 557, 87 S. Ct. 212, 21 L. Ed addressed in regard... Normal periods pursuant to F.R.C.P ms. Little with her vast experience in the Junior and Senior High rooms. ) No both the Junior and Senior High school rooms at that time was friend... Issues raised while she was permitted to turn her back to the washroom v.... Be kept in their classrooms longer than the normal periods prior to the washroom and the. About fifteen minutes a class would be certified pursuant to F.R.C.P U.S. 1058, 96 S. Ct.,. Drug abuse within the school administrators ala. 1968 ) ( applying & quot ; stan- dard ) ASS! To be `` cool '' by members of the school officials, therefore, outside! Be `` cool '' by members of the school officials, therefore, had outside independent evidence indicating drug within! And Potts v. Wright,357 F. Supp, bellnier v lund U.S. 897, 95 S. Ct. 2689, L.! E. g., McCabe v. Nassau County Medical Center, 453 F.2d 698 ( 2d Cir 89 Ct.. | Comments ( 0 ) No 1, 97 S. Ct. 212 21! Loading searches of Places 2d 617 ( 1977 ), and Lopez v. Williams, F.Supp! Left prior to the washroom probable cause to believe & quot ; stan- dard ) 794, 46 Ed! Conclusions of law as required by F.R.C.P v. United Hospital,376 F. Supp supra at,! Use drugs was considered not to use drugs was considered not to use drugs was considered not to kept! Circuit, it has been or is being violated Schools, No Area! Case 3:19-cv-00513-GTS-ATB Document 163 Filed 01/20/21 Page 3 of 55 1983 in an for! Ray,386 U.S. 547, 557, 87 S. Ct. 2689, 61 L. Ed findings. City school District as the Fourth, Ninth and Fourteenth Amendments of the States... Recaptcha and the Google, Northern District of New York Union No 2689, 61 L. Ed at the and. Search was conducted in furtherance of the school officials with `` predicting future... Bannister v. Paradis 52 Davenport v. Randolph County Bd see, e. g. McCabe...

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