In its July 11 opinion, the appellate panel stated that 13-year-old Savana Redding’s Fourth Amendment rights against unreasonable search and seizure were violated when Wilson ordered administrative assistant Helen Romero and school nurse Peggy Schwallier to perform the strip search to locate ibuprofen tablets.
Another student told Wilson that Redding was passing prescription-strength ibuprofen to other students.
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By a 6-5 decision, a full panel of the Ninth Circuit Court of Appeals in San Francisco reversed a September 2007 opinion by a three-judge panel from the same court.
The opinion by the full-appellate panel characterizes the search as “grossly intrusive.” Redding was forced to strip down to her underwear and pull the undergarments away from her body in the presence of Schwallier and Romero, thus exposing her breasts and pelvic area.
“The strip search was the most humiliating experience I have ever had,” Redding said in a sworn affadavit. “Mrs. Romero and Mrs. Schwallier did not look away while I was taking off my clothes. They did nothing to respect my privacy.”
In addition, the panel found that Wilson is financially liable for damages and ordered the case back to U.S. District Court Magistrate Nancy Fiora to determine damages against Wilson.
According to the opinion, Fiora had ruled against Redding, and the appellate panel upheld Fiora’s ruling.
Court documents show that Redding had loaned her planner to a classmate, “Marissa,” who was caught with ibuprofen and other contraband. Marissa told Wilson the pills belonged to Redding.
Redding denied having any knowledge of the pills and agreed to a search of her backpack. When Wilson found no ibuprofen in the backpack, he ordered the strip search, according to court documents.
In 2005, the Safford School District adopted a policy that states: “Disrobing of a student is overly intrusive for purposes of most student searches and is improper without express concurrence from the school district counsel.”
School District Superintendent Mark Tregaskes was out of town and not available for comment.
Wilson did not return a phone call to his home made by the Courier.
The school district’s attorney, Matt Wright, was not available for comment.



Comments
13 comment(s)Attorney Melany Petrosky wrote on Apr 23, 2009 4:47 PM:
Brian Weinfurter wrote on Aug 27, 2008 10:06 AM:
WHAT wrote on Jul 30, 2008 9:35 PM:
sam wrote on Jul 23, 2008 3:57 AM:
interested wrote on Jul 22, 2008 1:16 AM:
Conrarian wrote on Jul 19, 2008 9:45 PM:
-yr Texan wrote on Jul 19, 2008 10:58 AM:
Ms Redding & family deserve apology AND compen$ation. Safford should be ashamed. "
OMG wrote on Jul 19, 2008 8:47 AM:
Mitch A. wrote on Jul 18, 2008 3:25 PM:
I was appauled to read the ruling in September and am glad it has been overturned.
I don't care if she was dealing anything, or handing it out. There are ways of dealing with that addressed in the school handbook. A strip search should have always been out of the question. "
a parent wrote on Jul 18, 2008 2:41 PM:
sam wrote on Jul 17, 2008 4:02 AM:
Mama Celeste wrote on Jul 16, 2008 3:31 PM:
Confused wrote on Jul 16, 2008 11:20 AM: