The Problem of Qualified Immunity in K-12 Schools

Authors

Sarah Smith, University of Arkansas, Fayetteville

Keywords

Constitutional rights, Fourth Amendment, students' rights, Fourteenth Amendment, Section 1983

Abstract

When thirteen-year-old Savana Redding arrived at school one autumn day in 2003, she was not expecting to be pulled out of her math class and strip searched. But, that is exactly what happened after the assistant principal suspected her of possessing and distributing “prescription-strength ibuprofen” and “over-the-counter. . .naproxen” after receiving information from another student. After Savana consented to a search of her backpack and other belongings—a search which turned up no evidence of drug possession—the assistant principal asked the school nurse and administrative assistant to search Savana’s clothes. To do this, the school officials asked Savana “to remove her jacket, socks, and shoes," followed by her pants and shirt. As if this was not enough, they then told Savana “to pull her bra out to the side and shake it, and to pull out the elastic of her underpants, thus exposing her breasts and pelvic area . . . ." Ultimately, the school officials did not find any pills after the "embarrassing, frightening, and humiliating" strip search.

Recommended Citation

Sarah Smith, The Problem of Qualified Immunity in K-12 Schools, 74 Ark. L. Rev. (2022).
Available at: https://scholarworks.uark.edu/alr/vol74/iss4/7