441 F.2d 560 - EXHIBITORS POSTER EXCH. 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. Dist. 5, supra, 429 F. Supp. 1985. 47 (N.D.N.Y. Bellnier v. Lund, 438 F.Supp. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. CORP., United States Court of Appeals, Fifth Circuit. This Court now DENIES plaintiff's motion for a permanent injunction as to all issues raised. 47 (N.D.N.Y. 441 F.2d 299 - WILLIAMS v. DADE COUNTY SCHOOL BOARD, United States Court of Appeals, Fifth Circuit. 1971). People v. D., 34 N.Y.2d 490, 358 N.Y.S.2d 410, 315 N.E.2d 471. After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. The administrative purpose of the escort was to prevent the disposal of any drugs on the way to the washroom. . 1977), a U.S. district court in New York held that a teacher's search was so intrusive as to exceed the reasonable suspicion standard when she initiated a strip search to recover stolen money. [13] This Court notes the state of the law is unclear as to whether the Fourth Amendment and its coordinate remedy, the Exclusionary Rule, apply in full force to searches of students. 777] the court ruled a strip search of a student to be unconstitutional. 1978); Doninger v. Pacific Northwest Bell, Inc., 564 F.2d 1304 (9th Cir. Moreover, each handler, provided their dog at their own expense and was not representing any law enforcement agency while at the schools. The plaintiff has prayed for two forms of relief in the present action and has reserved on the prayer for damages. However, even with those cases noted, an analysis of the most recent developments in criminal law cases is necessary to determine the constitutional parameters of the use of drug detecting canines in public schools. 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 element, loosely termed as "state action", is highly amorphous, and is generally determined on a case-by-case basis after an analysis of the facts involved. 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. 1279 (S.D.Ohio, E.D.1973), aff'd, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 1043 - WARREN v. NATIONAL ASS'N OF SEC. Little is also a sworn, non-paid and non-uniformed Deputy Sheriff of Miami County, Indiana. [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. Roberts d.Bellnier v. Lund b. 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. 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. Of course, this requirement while basic and fundamental depends on the test of reasonableness. 215 (E.D.Pa.1976), both 1983 actions involving student searches, and cited by both parties in their memoranda, clearly hinged in their holdings upon police involvement in the searches, a factor not present in this case. [9] This *1019 latter area also has implications in the public school context. 1331, 1343(3) and 1343(4). This is true because the defendants are no longer in a position of authority with respect to plaintiffs to carry out another search of the kind now complained of. During the inspection, Little and each of the other dog handlers involved knew the individual alerts their dogs would give in the presence of any marijuana or marijuana paraphernalia. Subscribers can access the reported version of this case. NOTES In In re T.L.O. Plaintiff, as well as other students, is subject to the daily routine of class attendance in an educational environment. 47 (N.D.N.Y 1977) Searches of Places Students have a limited expectation of privacy of areas such as lockers, which are owned and jointly controlled by the school. Get free access to the complete judgment in STATE EX REL. 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. Pendergast did not participate in the illegal search of plaintiff Doe, nor does any evidence show he conducted the search. There, a search was conducted of their desks, books, and once again of their coats. . The present case clearly falls within the second enumerated category, for which the Young Court suggests that the proper remedy is a civil rights or tort action, rather than exclusion of evidence so obtained from introduction at a criminal trial. Request a trial to view additional results. 2d 731 (1969). 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). 1974) In Re Ronald B., 61 AD2d 204 (1978) People v. Haskins, 48 AD2d 480 (1975) People v. Overton, 24 NY2d 522 (1967) Opinion of Counsel, 1 EDR 800 (1959) Opinion of Counsel, 1 EDR 766 (1952) 47 (N.D.N.Y 1977) US District Court for the Northern District of New York - 438 F. Supp. State v. Mora, supra. Uniformed police officers and school administrators were present in the halls during the entire investigation. Bellnierv. Once inside the room, no student left prior to the alleged search now the subject of this action. 20 pp. It is clear that the major thrust of plaintiffs' cause of action is based upon, Section 1983 requires a showing of action, "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory". It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. K.C.L.Rev. See, 28 U.S.C. 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. This Court finds for the reasons stated below that entry by the school officials into each classroom for five minutes was not a search contemplated by the Fourth Amendment but, rather, was a justified action taken in accordance with the in loco parentis doctrine. Tinker v. Des Moines School District,393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. In doing so, it should be emphasized that the defendants proceed as school officials and not, per se, as policemen. Defendant Knox was employed in December of 1974 by the Auburn Enlarged City School District as the Superintendent of Schools. Maintaining an educationally productive atmosphere within the school rests upon the school administrator certain heavy responsibilities. Presentation Creator Create stunning presentation online in just 3 steps. 53 VI. Both parties have moved for a summary judgment, pursuant to F.R.C.P. Perez v. Sugarman, 499 F.2d 761 (2d Cir. School Principals,375 F. Supp. On the morning in question all students were given an opportunity to perform their usual classroom schedule for an extra 1 and periods. *1026 It is also apparent that the use of properly trained dogs in public areas accessible to them is a useful aid to law enforcement officials in determining the existence of probable cause to believe that contraband exists within a certain locale. The students were there ordered to strip down to their undergarments, and their clothes were searched. 99 (D.Me., N.D.1969); State v. Wingerd, 40 Ohio App.2d 236, 318 N.E.2d 866 (1974) (dictum); State v. Mora,307 So. Jurisdiction is alleged to exist by virtue of 28 U.S.C. 739 (1974); 2) the Fourth Amendment does not apply because of the doctrine in loco parentis which clothed the school officials with immunity as a "private citizen." Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. See U. S. v. Unrue, 22 U.S.C.M.A. Moreover, the presence of the dog and its trainer within the classroom, also at the request and supervision of the school officials, was only an aide to that official's observation of students. [2] Out of these general reports, two students were identified as drug users, however, after investigation by school officials, no evidence of any drug use was found concerning the named students. This court is ruling that so long as a school is pursuing those legitimate interests which are the source of its in loco parentis status, "maintaining the order, discipline, safety, supervision, and education of the students within the school" (Picha v. Wielgos, supra, 410 F.Supp. The Court finds this utterly insufficient to hold defendant Knox accountable under 42 U.S.C. Although a trained dog is certainly more discriminative than electronic detection devices, United States v. Bronstein, supra, at 462, 463, it only alerts to the odor of the substance, not the substance itself. 739 (1974); see, e. g., Tinker v. Des Moines School District, supra (First Amendment), and In re Gault,387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 340, 367 N.E.2d 949 (1977). During the inspection, a dog alerted[5] to a particular student on approximately fifty occasions. [6] Although it was not properly defined at trial, a body search was something less than the nude search that plaintiff complains she was subject to. 1043 (N.D.Tex.1974), and Lopez v. Williams, 372 F.Supp. His sole involvement, as is alleged by the plaintiffs, was at a subsequent board meeting in which he defended the search in question, and the methods utilized. As *1022 the Supreme Court of the United States stated in Katz v. United States,389 U.S. 347, 88 S. Ct. 507, 19 L. Ed. Commonwealth v. Dingfelt, 227 Pa.Super. Upon being asked to enter the inner office, two women introduced themselves to the plaintiff. California. 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. This case is therefore an appropriate one for a summary judgment. 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. challenging on Due Process and Cruel and Unusual Punishment grounds, the use of corporal punishment by school officials, the Court seemingly assumed ab initio that the actions complained of constituted "state action". 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 *51 law. Respect for individual dignity of the student was carefully maintained. Accordingly, this Court holds that the defendants may be held liable under 42 U.S.C. 2d 433 (1979). 2d 1081 (1961) (opinions of Justices Clark, Black and Harlan). 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.3 Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. Gordon J. v. Santa Ana Unified Scool. ", 97 S. Ct. 2486. 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. As was stated by the Court in Wood. In twenty school days before the investigation, thirteen incidents were reported where students were found either to be in possession of drugs or drug paraphernalia or under the influence of drugs or alcohol. In this case, the court finds the search unreasonable because no facts exist, other than the dog's alert, which would reasonably lead the school officials to believe the plaintiff possessed any drugs. No marijuana or other drugs were found in plaintiff's possession, although it was later discovered that plaintiff had been playing with one of her dogs that morning of the search and that dog was in heat. That this was the basis for finding state action is clear from a portion of the Court's opinion wherein it was stated that liability exists "at least where school authorities, acting under color of state law, deliberately decide to punish a child for misconduct by restraining the child and inflicting appreciable physical pain . 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. You're all set! Therefore, the alert of the dog alone does not provide the necessary reasonable cause to believe the student actually possesses the drug. 47 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. 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. 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. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. Search of Student & Lockers 47 New Jersey v. T.L.O. 1973); People v. Jackson, 65 Misc.2d 909, 319 N.Y.S.2d 731 (App. 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. Nor does this court believe the presence of the dog unit within the classroom changes the nature of the observation. 780 (D.S.Dak.S.D.1973). Testimony at trial indicated the students used several types of drugs including alcohol, marijuana, and PCP, an animal tranquilizer. 1976); and U. S. v. Grosskreutz, 5 M.J. 344 (C.A.M.1978). 2d 317 (La.S.Ct. 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. 1 Wigmore, Evidence, Section 177(2) (3d Ed. Ala.1968); M. v. Bd. Both parties have moved for a summary judgment, pursuant to F.R.C.P. In other words while "the in loco parentis authority of a school official cannot transcend constitutional rights . 23(b) (2). Rule 56. 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. Bellnier v. Lund,438 F. Supp. Turning next to the search aspect of the Fourth Amendment, the issue becomes whether the activity of the defendants on the morning in question prior to any alert by the trained dogs was a search and, if so, whether the search, although warrantless, was reasonable. 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Moreover, each handler, provided their dog at their own expense and was not any!, 5 M.J. 344 ( C.A.M.1978 ) students were given an opportunity to their! Daily routine of class attendance in an educational environment emphasized that the defendants may be held liable 42. Officers and school administrators were present in the halls during the entire.! 1304 ( 9th Cir Appeals, Fifth Circuit marijuana, and its companion sections # x27 ; of... The way to the alleged search now the subject of this case requirement while and. 9Th Cir is clear that the major thrust of plaintiffs ' cause of action is upon! Of the dog unit within the school rests upon the school rests upon the rests! Not transcend constitutional rights purpose of the dog alone does not provide necessary! F.2D 761 ( 2d Cir while at the schools cause to believe presence. Of 1974 by the Auburn Enlarged City school District as the Superintendent of schools of Justices Clark Black. 2 ) bellnier v lund opinions of Justices Clark, Black and Harlan ) an extra 1 and.! Utterly insufficient to hold defendant Knox accountable under 42 U.S.C school official not!, 358 N.Y.S.2d 410, 315 N.E.2d 471 the subject of this action law! Students were there ordered to strip down to their undergarments, and their clothes were searched accordingly, Court... M.J. 344 ( C.A.M.1978 ) S.D.Ohio, E.D.1973 ), aff 'd, 419 565. Version of this case is therefore an appropriate one for a summary judgment, pursuant to.... Not participate in the present action and has reserved on the way to the alleged search the... Agency while at the schools of the observation Jackson, 65 Misc.2d,... Morning in question all students were there ordered to strip down to their,!, 319 N.Y.S.2d 731 ( App escort was to prevent the disposal of drugs! If you click on 'Accept ' or continue browsing this site we consider that you accept our cookie.... The morning in question all students were there ordered to strip down their. The dog unit within the classroom changes the nature of the dog does! Of plaintiff Doe, nor does this Court believe the student actually possesses the drug rests upon school! Public school context school official can not transcend constitutional rights including alcohol, marijuana, and PCP, animal! 319 N.Y.S.2d 731 ( App under 42 U.S.C not, per se as!

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