Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Wardlaw wrote the strip search ruling on the 9th Circuit

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
 
usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-17-09 07:15 PM
Original message
Wardlaw wrote the strip search ruling on the 9th Circuit
OPINION

WARDLAW, Circuit Judge, with whom Judges PREGERSON,
FISHER, PAEZ, M. SMITH, and N.R. SMITH join:

On the basis of an uncorroborated tip from the culpable
eighth grader, public middle school officials searched futilely
for prescription-strength ibuprofen by strip-searching thirteenyear-
old honor student Savana Redding. We conclude that the
school officials violated Savana’s Fourth Amendment right to
be free from unreasonable search and seizure. The strip search
of Savana was neither “justified at its inception,” New Jersey
v. T.L.O., 469 U.S. 325, 341 (1985), nor, as a grossly intrusive
search of a middle school girl to locate pills with the potency
of two over-the-counter Advil capsules, “reasonably related in
scope to the circumstances” giving rise to its initiation. Id.
Because these constitutional principles were clearly established
at the time that middle school officials directed and
conducted the search, the school official in charge is not entitled
to qualified immunity from suit for the unconstitutional
strip search of Savana.

Full ruling here:
http://www.ca9.uscourts.gov/datastore/opinions/2008/07/11/0515759.pdf


Impressive stuff.
Printer Friendly | Permalink |  | Top
Buzz Clik Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-17-09 07:18 PM
Response to Original message
1. I'm familiar with the case and pleased with the ruling. Why is Wardlaw important beyond that?
Printer Friendly | Permalink |  | Top
 
usregimechange Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-17-09 07:19 PM
Response to Reply #1
2. She may be a Supreme Court Justice in a few months
Printer Friendly | Permalink |  | Top
 
Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-17-09 08:19 PM
Response to Reply #2
3. Thanks for the info! Let's hope that Wardlaw or someone with equal respect for
the Constitution, the Bill of Rights and the American people is nominated and confirmed. What a refreshing breeze that will be!

:patriot:
Printer Friendly | Permalink |  | Top
 
Gabi Hayes Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-17-09 09:24 PM
Response to Reply #3
4. too much empathy
Edited on Sun May-17-09 09:25 PM by Gabi Hayes
what about the poor corporate citizens?

we need more Alitos

Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Sun May 05th 2024, 06:08 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC