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.pdfImpressive stuff.