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School Strip Searches Were Unconstitutional - But Who Could Have Known?

April 6, 2005

Sixth Circuit Court of Appeals nonetheless awarded summary judgment to school staff who conducted the searches, because at the time the searches occurred the law related to student strip searches was so unclear that a reasonable person could not necessarily have known the challenged searches were unlawful.

In view of the uncertain nature of the governing law, the Court ruled that the school staff was entitled to qualified governmental immunity, so the plaintiff students could not recover any money damages. The case, Beverly Hall Burns at (313) 496-7508.