Article Detail

Title: Looking Into 3rd Graders Pants Unreasonable
Author: Jack Ryan
ID: LL81
Issue: SU1-2
Issue Date: 2004-03-01
Edition: School
Type: Article

Body:

Watkins v. Millenium School, 290 F.Supp. 2d 890 (So.Dist Ohio 2003).

Following the disappearance of ten dollars from her classroom, Ms. Apley decided to question and search the only three students who were present when the money disappeared. The money, which was for a field trip, had been placed on Ms. Apleyís desk for safekeeping, by a student.

The initial search involved each of the three turning out their pockets and a search of their backpacks. The students were also asked to turn down the waistband of their pants.

Watkins alleges that when the money did not turn up, she alone was taken to a utility closet where Ms. Apley told her to pull out her pants. As the third-grader did so, Ms. Apley looked down her pants.

In its review the court concluded that Ms. Apley lacked individualized suspicion to believe that Watkins had the money since she had not developed any facts to distinguish one student as the thief. Without individualized suspicion, the look into the pants was unconstitutional. The court refused to give Apley qualified immunity, citing, among other things, her violation of school policy with respect to searches.

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