1012 (1979). See M. M. v. Anker, 477 F. Supp. The first time you log in to our catalog you will need to create an account. The only defendants who decided upon the nude search of Diane Doe were school officials who possess a qualified immunity. [Donaldson] was proper for the length of time he was so confined. Petitioner's principal defense was that he had acted in good faith, since state law, which he believed valid, had authorized indefinite custodial confinement of the "sick," even if they were not treated and their release would not be harmful, and that petitioner was therefore immune from any liability for monetary damages. All Rights Reserved. The evidence showed that Donaldson's confinement was a simple regime of enforced custodial care, not a program designed to alleviate or cure his supposed illness. Federal Reporter Second, Vol. 992, 43 L.Ed.2d 214. for commitment, and the record is scanty as to Donaldson's condition at the time of the judicial hearing.

remanded for consideration of petitioner's liability vel non for monetary damages for violating respondent's constitutional right. The individual school board members sought and received review by the U.S. Supreme Court. I was not, however, a member of the panel, did not read the briefs on appeal, nor hear oral argument with opportunity to question counsel, nor examine the record. Principal Duddy Waller suspended the three students for a week. That rule was apparently of O'Connor's own making.

631 F.2d 91 (1970).3 Expressly relying upon the District Court's reasoning, it held that the entry into the classrooms "was a justified action taken in accordance with the in loco parentis doctrine," and that "the sniffing of a trained narcotic detecting canine is not a search." It is not enough for us to declare that the little girl involved was indeed deprived of her constitutional and basic human rights. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. United States Supreme Court Reporter of Decisions.

When a tribute gift is given the honoree will receive a letter acknowledging your generosity and a bookplate will be placed in a book. They were held not liable for damages because no malice was shown ad their subjective and objective good faith was not challenged by the complaint nor was the law in the area supposedly settled in plaintiff's favor. 573-576.

After petitioner emptied her pockets, the dog again sniffed her body and again it apparently "alerted." . munity with respect to the strip-search. A State cannot constitutionally confine, without more, a nondangerous individual who is capable of surviving safely in freedom by himself or with the help of willing and responsible family members or friends, and since the jury found, upon ample evidence, that petitioner did so confine respondent, it properly concluded that petitioner had violated respondent's right to liberty.

Furthermore, Donaldson's frequent requests for release had been supported by responsible persons willing to provide him any care he might need on release. On the morning of March 23, 1979, petitioner went to her first-period class as usual. His position, in short, was that state law, which he had believed valid, had authorized indefinite custodial confinement of the "sick," even if they were not given treatment and their release could harm no one.5, The trial judge instructed the members of the jury that they should find that O'Connor had violated Donaldson's constitutional right to liberty if they found that he had. Guards were posted at the schoolhouse doors. Finally, in February, 1971, Donaldson brought this lawsuit under. This case has attained an importance far beyond its origins, helping to define the constitutional rights of public school students and the parameters under which public officials may be sued for monetary damages in federal court. Now, the purpose of involuntary hospitalization is treatment, and not mere custodial care or punishment if a patient is not a danger to himself or others. The jury found for respondent and awarded compensatory and punitive damages against petitioner and a codefendant.

He dismissed the case, which was then appealed to the Court of Appeals for the Eighth Circuit. 206, 498 F.2d 748 (1974), those cases involved the sniffing of inanimate and unattended objects rather than persons. On February 18, 1972, three students—Virginia Crain, Peggy Strickland, and Jo Wall—at Mena (Polk County) confessed to spiking the punch at an extracurricular function with twenty-four ounces of a flavored malt liquor beverage. 475 F. Supp. Girls placed their purses on the floor between their feet. However, mere good intentions which do not give rise to a reasonable belief that detention is lawfully required cannot justify [Donaldson's] confinement in the Florida State Hospital. We suggest as strongly as possible that the conduct herein described exceeded the "bounds of reason" by two and a half country miles. at 1000). The respondent, Kenneth Donaldson, was civilly committed to confinement as a mental patient in the Florida State Hospital at Chattahoochee in January, 1957. [22] HARLINGTON WOOD, Jr., Circuit Judge, dissenting. Every students was instructed to place his belongings in view and his hands on his desk. After denying that she had ever used marihuana, petitioner was ordered to strip. [T]he sniffing of a trained narcotic detecting canine is not a search." At the trial, O'Connor indicated that he had believed that Donaldson would have been unable to make a "successful adjustment outside the institution," but could not recall the basis for that conclusion. Although a number of incidents involving alcohol, drugs, or related paraphernalia had been reported to school authorities, no more than twenty-one out of 2,780 students had been involved. While school officials acting in loco parentis may take reasonable steps to maintain a safe and healthful educational environment, their actions must nonetheless be consistent with the Fourth Amendment. Not one of them was found to possess any illicit material. Cupp v. Murphy, 412 U.S. 291, 295, 93 S.Ct. Neither Superintendent Inlow, nor Principal Waller, nor the district as an entity appealed to the Supreme Court, hence the change of name to Wood v. Strickland and the emphasis of the case on the potential liability of school board members individually. everyone to remain seated until further notice. Here there was evidence that the trained dogs ran their noses along pupils' legs, actually touching the bodies of the students. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Under the law as it then existed, Judge Williams became the deciding agent.

Wood v. Strickland is the title of a U.S. Supreme Court decision that grew out of a local dispute over a teenage prank perpetrated by three high school students of the Mena Special School District. The raid lasted about three hours. 1. Wood v. Strickland, supra, accords immunity to school officials who act in good faith and within the bounds of reason. I would grant the petition and summarily reverse the judgment of the Court of Appeals insofar as it affirmed the judgment of the District Court.

576-577.

The uniformed officer then ordered petitioner to stand and empty her pockets, apparently because the dog "alerted" to the presence of drugs.

The testimony at the trial demonstrated, without contradiction, that Donaldson had posed no danger to others during his long confinement, or indeed at any point in his life. He was kept in custody there against his will for nearly 15 years. In the case of petitioner, the dog repeatedly jabbed its nose into her legs. Respondent Peggy Strickland, et al. Click here to remove this judgment from your profile. Lower court United States Court of Appeals for the Eighth Circuit . 16). In the final analysis, the Supreme Court further held that questions arising out of disciplinary situations were best addressed by local officials rather than the courts. CERTIORARI TO THE UNITED STATES COURT OF APPEALS.

He ruled that the school board and Inlow had not acted with any subjective malice and were therefore immune to a suit for damages. Oral Argument - October 16, 1974; Opinion Announcement - February 25, 1975; Opinions. For the next 21/2 hours, petitioner and her classmates were required to sit quietly in their seats with their belongings in view and their hands upon their desks. Numerous witnesses, including one of O'Connor's codefendants, testified that Donaldson had received nothing but custodial care while at the hospital. Additional support provided by the Arkansas Humanities Council.

We must also permit her to seek damages from those who cause this humiliation and did indeed act as though students "shed at the schoolhouse door rights guaranteed by * * * any * * * constitutional provision" ( 475 F. Supp. On August 30, 1979, Judge Sharp dismissed the action on the merits as to the Highland police chief and dog trainer Patricia Little because they did not participate in the strip search.

The Court of Appeals for the Fifth Circuit affirmed the judgment, 493 F.2d 507. Donations made to the CALS Foundation are tax-deductible for United States federal income tax purposes. I join generally in the concerns expressed by my other dissenting colleagues. Each of the 2,780 students present at Highland Junior and Senior High Schools that day was subjected to the mass detention and general exploratory search.

Honor or memorial gifts are an everlasting way to pay tribute to someone who has touched your life. 2490] be. The only defendants who decided upon the nude search of Diane Doe were school officials who possess a qualified immunity. [135] But witnesses from the hospital staff conceded that, in the context of this case, "milieu therapy" was a euphemism for confinement in the "milieu" of a mental hospital.4 For substantial periods, Donaldson was simply [95 S.Ct. constantly exposed to the public,' .

After the sniffing and examination of 2,780 students, the searchers found fifteen high school students—and, The cases cited by the district court as holding that sniffing dogs do not constitute a search are totally in apposite because in those cases the dogs were sniffing inanimate and unattended objects rather than people. Footnote 5 For the same reason, I would disagree with the Court of Appeals' conclusion that the mass detention of students by school authorities and police officers did not constitute an unreasonable seizure. 338, 62 L.Ed.2d 238 (1979). We do not know what class petitioner was attending when the police and dogs burst in, but the lesson the school authorities taught her that day will undoubtedly make a greater impression than the one her teacher had hoped to convey. [Footnote 5] Once school authorities enlist the aid of police officers to help maintain control over the school's drug problem, they step outside the bounds of any quasi-parental relationship, and their conduct must be judged according to the traditional probable-cause standard. At the trial, O'Connor indicated that he had believed that Donaldson would have been unable to make a "successful adjustment outside the institution," but could not recall the basis for that conclusion. I dissent from the denial of the petition for certiorari. Petitioner Diane Doe is a 13-year-old student at Highland Junior High School in Highland, Ind., a community of approximately 30,000 residents. Shortly before 9:15, when the class was scheduled to adjourn, petitioner's teacher ordered. The CALS Foundation is a 501(c)(3) organization. Wood v. Strickland, decision, United States Supreme Court. Get 1 point on providing a valid sentiment to this School and police authorities removed five high school students—three girls and two boys—from their classrooms and subjected them to personal interrogations and thorough, but not nude, searches. Omer RENFROW, individually and as Superintendent of Highland Community School Corporation, et alNo. He argued that his Sixth Amendment right was violated because he had ineffective assistance of counsel at sente… 475 F.