bellnier v lund

Highland, Indiana is a community consisting of approximately 30,000 residents located in the northwest corner of the state in Lake County, Indiana. 901 (7th Cir. One year later, the Ninth Circuit Court of Appeals also held that the use of marijuana-sniffing dogs to sniff the air around a parked semi-trailer was reasonable and therefore not a prohibited search under the Fourth Amendment. This lesser standard applies only when the purpose of the dog's use is to fulfill the school's duty to provide a safe, ordered and healthy educational environment. So it was with this plan. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. and Educ. 2d 188 (1966). The missing money was never located. 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. 1986); Flores v. Meese, 681 F. Supp. 2d 752 (1977). Click on the case name to see the full text of the citing case. 834 - NORTH SHORE RIGHT TO LIFE v. MANHASSET AM. Baltic Ind. 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. reasonable cause test); Bellnier v. Lund, 438 F. Supp. 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. Use of the dogs to detect where those drugs were located was not unreasonable under the circumstances. was granted in October of 1983. [1] Also, during this four week period, school administrators received daily reports from faculty, students and parents concerning the use of drugs within the Junior and Senior High Schools. The school officials made every reasonable effort to carry off this plan in a manner compatible with proper order in the schools and with the values therein involved. See also, Shelton v. Pargo, Inc., 582 F.2d 1298 (4th Cir. Plaintiff is entitled to declaratory relief only upon the Court's finding that the nude body search made without a finding of any reasonable cause to believe is in violation of her Fourth Amendment rights. 1971), with Warren v. National Ass'n of Sec. 1983. When a dog alerted to the plaintiff, she was ordered by a police officer to empty her pockets onto the desk under the supervision of a school administrator. No. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. Cases that have held that a school official is a state agent include: Bellnier v. Lund, 438 F. Supp. Terry v. Ohio,392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. [3] In Ingraham v. Wright,430 U.S. 651, 97 S. Ct. 1401, 51 L. Ed. 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. 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 Supreme Court of the United States has yet to rule explicitly on whether the use of narcotic detection dogs in the context of the Fourth Amendment establishes probable cause. An appeal by defendant Reardon to the class regarding knowledge of the missing money proved fruitless. As stated by the Court in Potts. It was the unauthorized and nonconsensual opening of the locker and the inspection of its interior that constituted the unlawful search, not the use of the dog. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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 pocket search was an invasion of the sphere of privacy which the Fourth Amendment protects; it was a search. As was stated by the Court in Wood. A body search[6] was conducted with respect to eleven students because the dog continued to alert after the student had emptied pockets or purse. However, in matters concerning the reasonable exercise of supervision and authority by school officials, this Court recognizes that a certain balancing occurs between an individual student's rights and the school administrator's need to protect all students and the educational process. She was quietly escorted to a nurse's station in the Junior High School and was asked to remain in the waiting room. 3d 320, 102 Cal. 2534, 2542-2543, 69 L.Ed.2d 262). McKinnon, 88 Wash.2d at 81, 558 P.2d at 784; accord Bellnier v. Lund. 2d 453 (1977). It is well known that a patrol dog is endowed by nature with qualities of hearing and smell that appear to be superior to those of humans. After extensive oral argument and presentation of evidence on June 7, 1979, this Court dismissed all but the above captioned defendants. 729, 42 L.Ed.2d 725 (1975); also, cf. Section 1983 requires a showing of action "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory" to support a cause of action. Wood v. Strickland, supra, 420 U.S. at 321, 95 S. Ct. 992. That limited in loco parentis relationship modifies the student's Fourth Amendment guarantee of a sphere of privacy which the student can justifiedly expect state officials not to invade. We rely on donations for our financial security. In the "rare instance" where it is proper to seek guidance from outside this circuit, the . Of those eleven, only three other students were subject to the unlawful nude search. 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. Sign up for our free summaries and get the latest delivered directly to you. It was only upon a continued alert of the trained canine that the school officials based their decision to search the plaintiff. More alarming to school officials was the fact that of those twenty-one instances, thirteen occurred within a twenty school day span just prior to the complained of activities. ., the student-teacher relationship out of which [in loco parentis] authority readily flows does have an impact on the application of constitutional doctrine to the rights of students." Compare Wooley v. Maynard,430 U.S. 705, 97 S. Ct. 1428, 51 L. Ed. It is entirely possible that there was reasonable suspicion, and even probable cause, based upon the facts, to believe that someone in the classroom has possession of the stolen money. *1018 On March 23, 1979 Little met with representative of the Highland Town School District, the Highland Police Department and the dog handlers. 1970); In re G.,11 Cal. A search of those items failed to reveal the missing money. Before such a search can be performed, the school administrators must articulate some facts that provide a reasonable cause to believe the student possesses the contraband sought. See Baker v. McCollan, ___ U.S. ___, 99 S. Ct. 2689, 61 L. Ed. In such a case, there must be adherence to the protections required by the Fourth Amendment. Moreover, plaintiff as well as other students in a public school, does not fall within the meaning of Katz because of the very nature of public school education. 665, 667 (C.D. Section 1983 requires a showing of action "under color of any statute, ordinance, regulation, custom, or usage of any State or Territory" to support a cause of action. 1976); and U. S. v. Grosskreutz, 5 M.J. 344 (C.A.M.1978). But the alert of the dog constituted reasonable cause to believe that the plaintiff was concealing narcotics. Renfrow decided to use the trained dogs in a drug investigation and he arranged a second meeting for March 14, 1979. v. South Dakota H. Sch. of Educ. ; Pro Get powerful tools for managing your contents. Whether or not the Exclusionary Rule is coextensive with the Fourth Amendment, and hence applicable in a criminal action based upon a search such as that now in issue, is subject to considerable speculation. 4:1 . Transformed by Public.Resource.Org, Inc., at Fri, 14 Mar 2008 10:13:27 GMT You already receive all suggested Justia Opinion Summary Newsletters. U. S. v. Guerra, 554 F.2d 987 (9th Cir. den., 424 U.S. 918, 96 S. Ct. 1121, 47 L. Ed. She contacted the various dog handlers in regard to their availability for the inspection informing them of the time and place. Each of the students entered the classroom and placed his outer garment in a coatroom located wholly within, and accessible only from, the classroom *50 itself. By conducting the pocket search, the school officials did not violate the plaintiff's right to be secure against unreasonable search and seizure. 1977); Shipp v. Memphis Area Office Tenn. Dept. We are also of the view that as the intrusiveness of the search intensifies, the standard of Fourth Amendment "reasonableness" approaches probable cause, even in the school context. On March 7, 1980, a teacher at Piscataway High School in Middlesex County, N. J., discovered two girls smoking in a lavatory. Term, 1st Dept. Little was asked to attend because she had had experience in the field of canine searches in schools.[4]. *1024 In conducting the pocket search, as well as the other searches in question, the school officials clearly were not concerned with the discovery of evidence to be used in criminal prosecutions, but rather were concerned solely with the elimination of drug trafficking within the schools. 1043 (N.D.Tex.1974), and Lopez v. Williams,372 F. Supp. The objective was to rid the Junior and Senior High Schools of illicit drugs and discourage further drug use on the campuses. Subjecting a student to a nude search is more than just the mild inconvenience of a pocket search, rather, it is an intrusion into an individual's basic justifiable expectation of privacy. Little did not have any knowledge of, or direct involvement in, the search of plaintiff, Doe. In doing so, it should be emphasized that the defendants proceed as school officials and not, per se, as policemen. ", 97 S. Ct. 2486. Moreover, granting plaintiff's prayer for injunctive relief as to the other aspects of the inspection complained of would be inconsistent with this Court's findings. Upon removal, her clothing was briefly examined, her hair was lifted to determine if any substances were hidden in it, and she was immediately permitted to dress. As the Supreme Court has stated with reference to the Equal Protection clause of the Fourteenth Amendment, though equally applicable to the Due Process clause, state action exists when. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. United States District Court, N. D. New York. F.R.C.P. It is settled case law that school officials possess a qualified immunity with respect to acts performed within the course of their duties. At issue in this law suit is the constitutional propriety of an investigation conducted by administrators of the Highland school system assisted by local police officers at the Junior and Senior High Schools in Highland, Indiana. Waits v. McGowan, 516 F.2d 203 (3d Cir. This is not to indicate that one attending public schools sheds his or her constitutional rights upon entering the school house doors; such is obviously not the case. 47 (N.D.N.Y 1977) July 11, 1977 438 F. Supp. See, e. g., Education *52 Law 3202 and 3210. United States v. Solis, 536 F.2d 880 (9th Cir. Act. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. See, M. v. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 3d 777, 105 Cal. BELLNIER v. LUND Email | Print | Comments ( 0) No. As was appropriately noted by the New York Court of Appeals in a unanimous opinion. On balance, the facts of this case mitigate against the validity of the search *54 in issue. They also knew the intention by school officials to ask certain students to empty pockets or purses if the dog's alert continued. Thus, in State v. Young, supra, a well reasoned opinion, the Georgia Supreme Court found three categories of searches, for purposes of the Fourth Amendment: 1) wholly private searches, with no Fourth Amendment applicability; 2) state action, but no involvement of law enforcement agents, so that the Fourth Amendment applies, but not the Exclusionary Rule; and 3) search by law enforcement agents, to which both the Fourth Amendment and the Exclusionary Rule apply in toto. 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. This Court now grants summary judgment in favor of both defendant Al Pendergast, Chief of Highland Police Department, and Patricia Little. Bellnier v. Lund, 438 F. Supp. 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, Renfrow was not present. Unit School Dist. The plaintiffs have failed to allege in their Complaint that the actions were not taken in good faith. Cf. [8] Buss, The Fourth Amendment and Searches of Students in Public Schools, 59 Iowa L.Rev. The record here clearly discloses several fatal failures of the plaintiff to meet the elementary requirements of Rule 23. Act. 1981 et seq. Advanced A.I. 2d 141 (1974); U. S. v. Falley, 489 F.2d 33 (2d Cir. Commonwealth v. Dingfelt, 227 Pa.Super. Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse, N. Y., Kevin M. Reilly, Syracuse, N. Y., of counsel, for defendants. 2d 317 (La.S.Ct. Rule 56, with plaintiffs seeking a partial summary judgment, the issue of damages to be left for trial. The entire search lasted approximately two hours, with the strip searches taking about fifteen minutes. [2] "Every person who, under color of any statute, ordinance regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceedings for redress" 42 U.S.C. It takes more than mere verbiage in a complaint to meet that burden. 1214 (N.D.Ill., E.D.1976), and Potts v. Wright,357 F. Supp. Unit School Dist. Therefore, this Court finds no seizure of the plaintiff or other students within the Senior and Junior High School prior to any alert by the trained dogs. Four decades ago, Professor Wigmore cited the rule that most courts held admissible evidence that tracing by a trained dog led to the accused. Plaintiffs seek legal, injunctive, and declaratory relief in their action, which is maintained under 42 U.S.C. 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. Ms. Little was engaged in a perfectly legitimate, if unprofitable, enterprise of training these type dogs. 1975). 47, 53 (N.D.N.Y.1977). Dunaway v. New York,--- U.S. ----, ----, 99 S. Ct. 2248, 60 L. Ed. 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. Both parties have moved for a summary judgment, pursuant to F.R.C.P. *1020 There is no question as to the right and, indeed, the duty of school officials to maintain an educationally sound environment within the school. 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. See U. S. v. Middleton, 3 M.J. 425 (C.M.A.1977). Dogs have long been used in police work. Marshall v. Barlow's, Inc.,436 U.S. 307, 98 S. Ct. 1816, 56 L. Ed. [3] Compare Palacios v. Foltz, 441 F.2d 1196 (10th Cir. Bookbag and locker searches should be done primarily because it lowers the amounts of deaths and injuries occurring in schools. App. 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. In the execution of this plan, the school officials sought the aid of other trained persons who had relevant talents from various community resources. Listed below are the cases that are cited in this Featured Case. Times allocated for each class period are determined by the school officials, not the students. Doe v. Camara v. Municipal Court of City and County of San Francisco,387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. It is clear that the major thrust of plaintiffs' cause of action is based upon 42 U.S.C. The motion for a permanent injunction should be denied, as the issue as between these parties is moot. In this case, acting as school officials, the defendants proceeded with a careful and sensitive plan that was formulated with much concern for basic educational values. reasonableness based on offense Bellnierv. 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. Moreover, uniformed police officers are, unfortunately, not an uncommon sight in today's public schools. This Court cannot say as a matter of law that the alerting of a trained dog standing alone is sufficient to establish reasonable cause to believe a complete body search by school officials in surroundings that insure and maintain human dignity. (internal citation omitted). 1 Wigmore, Evidence, Section 177(2) (3d Ed. 17710, United States District Courts. 1368 (1941); see also Brooks v. Flagg Brothers, Inc., 553 F.2d 764 (2d Cir. *48 *49 New York Civil Liberties Union, Alan H. Levine, New York City, of counsel; Clifford Forstadt, Syracuse, N. Y., of counsel, for plaintiffs. 780 (D.S.Dak.S.D.1973). Furthermore, this court is not here ruling whether any evidence obtained in the search could have been used in a criminal prosecution. United States v. Chapman , 927 F.2d 601 ( 1991 ) Court of Appeals for the Fifth Circuit | Thursday, February 21, 1991 | Cited 0 times; United States v. Torres ( 2009 ) Court of Appeals for the Fifth Circuit | Tuesday, October 6, 2009 | Cited 1 times; Norris v. National Union Fire Insurance Co. ( 2001 ) 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. Ball-Chatham C.U.S.D. Tinker v. Des Moines School District, 393 U.S. 503, 89 S.Ct. This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. To suggest anything approaching that idea is to do an extreme disservice to a group of dedicated people who carry heavy legal and moral obligations for public education. Finally, for purposes of this section, the sniffing of a trained narcotic detecting canine is not a search. Her search was conducted in an atmosphere designed to reduce to a minimum any apprehension or embarrassment. Four such teams were used in the Senior High School building and two were operating in the Junior High School rooms. 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. Subscribers are able to see a list of all the cited cases and legislation of a document. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. 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. Additionally, there was evidence from some students of refusal to speak out against those students using drugs for fear of reprisals. STUDENT SEARCHES AND SEIZURES: LEGAL STANDARDS, POLICY, AND PROCEDURES. While a school student does not shed at the schoolhouse door rights guaranteed by either the Fourth Amendment or any other constitutional provision (Tinker v. Des Moines School District, supra), the student's Fourth Amendment and other constitutional rights are modified by that limited in loco parentis relationship which the school officials have with the students. In order to keep disruptions to a minimum, late arrivals at the school were directed to a room other than their regular first period classroom. Of those fifty, eleven were subject to a more extensive search of the body. Subscribers are able to see the revised versions of legislation with amendments. However, in that case, the corporal punishment was specifically authorized by both state law and a local school board regulation. Roberts d.Bellnier v. Lund b. School Principals, 375 F.Supp. This site is protected by reCAPTCHA and the Google, Northern District of New York US Federal District Court. Most notable, in this regard, is the compulsory education provision, Education Law 3205, and its companion sections. Respect for individual dignity of the student was carefully maintained. Jurisdiction is alleged to exist by virtue of 28 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, v. 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. 1343(3) and 1343(4). 14 See, e.g., Bellnier v. Lund (N.D.N.Y.1977). Resolution of this question, however, is not necessary for purposes of this motion. The boundaries of that immunity were defined in Wood as containing both objective and subjective elements. 1971). of Emp. 2d 214 (1975), reh. that reconciling the privacy interests of children with the needs of schools to maintain order does not require strict adherence to a probable cause standard for Fourth Amendment purposes. Plaintiff further alleges that being subjected to the nude search that morning violated her right against unreasonable search and seizure. It is clear from these provisions that the state has sufficiently interjected itself into the public school systems for this Court to find state action in the present case. See also, Bouse v. Hipes, 319 F. Supp. Picha v. Wielgos,410 F. Supp. 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? It should be noted at this point that had the role of the police been different, this court's reasoning and conclusion may well have been different. Because of the constant interaction among students, faculty and school administrators, a public school student cannot be said to enjoy any absolute expectation of privacy while in the classroom setting. On the morning of December 6, 1974, plaintiffs and their classmates, members of the fifth grade class at Auburn's Lincoln Elementary School, arrived at the classroom in their usual fashion. 1012 - DOE v. RENFROW, United States District Court, N. D. Indiana, Hammond Division. Perez v. Sugarman, 499 F.2d 761 (2d Cir. Students are made to change this routine every year, if not every semester. 2d 930 (1967). On the morning of December 6, 1974, plaintiffs and their classmates, members of the fifth grade class at Auburn's Lincoln Elementary School, arrived at the classroom in their usual fashion. Little and her dog were accompanied by a school official and a Highland Police officer during her portion of the inspection, limited only to the Senior High School. 725 (M.D. 475 F.Supp. Get free summaries of new Northern District of New York US Federal District Court opinions delivered to your inbox! Waits v. McGowan, 516 F.2d 203 (3d Cir. 2d 509, 75 Cal. 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. 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. One of the two girls was the respondent T. L. O., who at that time was a 14-year-old high school freshman. [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. 259 (1975). Jurisdiction in this matter for purposes of deciding any and all questions concerning plaintiffs' request for an injunction against the named defendants is pursuant to 28 U.S.C. "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." 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. 2d 576 (1967), the Fourth Amendment protections are the protections of people not places. Those members of the proposed class are not so numerous so as to make joinder of them as parties impracticable. Both these campuses are located on the same site. Wood v. Strickland,420 U.S. 308, 95 S. Ct. 992, 43 L. Ed. In Solis, the Court of Appeals reversed the district court's holding that use of the dog was a search without probable cause and therefore illegal. It is clear that the defendants are entitled to a summary judgment on the issue of monetary damages under the test in Wood. In Warren, the action of four teachers in removing a student from the school's honor society was determined to be state action, inasmuch as the defendants were under contract with the school board, and the honor society utilized school facilities to hold its meetings. You already receive all suggested Justia Opinion summary Newsletters such teams were used in Junior. Or embarrassment proposed class are not so numerous so as to make joinder of them as impracticable. 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Ct. 1816, 56 L. Ed the respondent L.! Pockets or purses if the dog 's alert continued 47 ( N.D.N.Y 1977 ) July 11, 438... York, -- --, -- --, -- - U.S. --,... ( 3 ) and 1343 ( 4 ) alleged to exist by virtue of 28.! V. Lund ( N.D.N.Y.1977 ) of those eleven, only three other students were to... The protections required by the Fourth Amendment protections are the cases that are cited in this case! This Featured case taking about fifteen minutes bellnier v lund room v. Ohio,392 U.S. 1, S.... Agent include: Bellnier v. Lund ( N.D.N.Y.1977 ) student was carefully maintained 1977! Ass ' n of Sec the protections required by the Fourth Amendment searches. Search could have been used in a unanimous Opinion containing both objective and subjective elements located.

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