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U.S. Supreme Court To Review Unconstitutional Strip Search Of 13-Year-Old Student For Ibuprofen

by via ACLU
Friday, January 16, 2009 : WASHINGTON - The U.S. Supreme Court announced today that it will review a lower court ruling that school officials violated the constitutional rights of a 13-year-old Arizona girl when they strip searched her based on a classmate’s uncorroborated accusation that she possessed ibuprofen.
The case, Redding v. Safford Unified School District, was appealed from the U.S. Court of Appeals for the Ninth Circuit, which found the strip search to be unconstitutional. A six-judge majority of the appeals court further held that the school official who ordered the search is not entitled to immunity as a result of his actions. The American Civil Liberties Union and ACLU of Arizona, along with law firms Humphrey & Petersen and McNamara, Goldsmith, Jackson & Macdonald, represent Savana Redding, the plaintiff in the case.

"Overzealous school officials stripped our client of her clothes and her constitutional rights," said Steven R. Shapiro, Legal Director of the ACLU. "We are confident that the Supreme Court will recognize that such conduct has no place in America’s schools and will protect the privacy rights of America’s students."

Savana Redding, an eighth grade honor roll student at Safford Middle School in Safford, Arizona, was pulled from class on October 8, 2003 by the school’s vice principal, Kerry Wilson. Earlier that day, Wilson had discovered prescription-strength ibuprofen - 400 milligram pills equivalent to two over-the-counter ibuprofen pills, such as Advil - in the possession of Redding’s classmate. Under questioning and faced with punishment, the classmate claimed that Redding, who had no history of disciplinary problems or substance abuse, had given her the pills. Safford maintains a zero-tolerance policy toward all prescription medicines, including prescription-strength ibuprofen.

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