“It was a big relief,” Redding said in a phone interview. “I’m really happy about the fact that it’s less likely to happen to anyone else (because of the Supreme Court decision).”
At issue was the right of school officials to strip-search a student in an attempt to find contraband. Redding alleged her constitutional rights were violated and sued the school district. The Safford School District contended it had a right to strip-search students.
 Savana Redding’s name will go down in history as the one behind the Supreme Court ruling that will better protect students from being forced to submit to strip searches. Contributed photo |
Ibuprofen is a non-narcotic pain reliever that comes in prescription and over-the-counter doses. It is sold under the the brand names of Advil and Motrin.
In an 8-1 decision, the high court determined that SMS Assistant Principal Kerry Wilson had no reason to suspect Redding concealed drugs in her undergarments when he ordered the school nurse and an administrative assistant — both women — to conduct the search.
Justice Clarence Thomas was the lone dissenting justice of the court’s nine-member panel.
“The Supreme Court saw this exactly as the public did,” said Adam Wolf, the American Civil Liberties Union attorney who argued Redding’s case before the Supreme Court. “Eight of the nine justices had no problem coming to the same conclusion as the public.”
Wolf added that the court’s decision “will protect the well-being and constitutional rights of schoolchildren.”
He added that children who find themselves in a situation similar to Redding’s — being forced to comply with a strip search — will have legal recourse.
The Supreme Court also ruled that Wilson, the nurse and the administrative assistant were immune from liability because there was no clear legal precedent established that a strip search of a child, based on little evidence, was wrong.
“It should have been set six years ago. The Supreme Court decision makes it wrong,” Wolf said.
Still at issue is the school district’s liability. The Supreme Court remanded that determination to a lower court.
Safford School District Superintendent Mark Tregaskes said he could not comment because part of the Supreme Court decision was remanded. As for the remainder, Tregaskes said he could not comment because he had not read the entire decision.
Safford Middle School Principal Clay Emery, who was not the principal at the time of the Redding incident, said he hopes the school can begin to heal.
“In the interest of our school and community, I hope this can be put behind us,” Emery said. “I feel for everyone involved in this issue. There are so many good things happening at Safford Middle School — I hope this doesn’t leave a scar.”
The decision, however, does not erase the trauma of the search. Redding says she suffered several long-term repercussions from the incident, including stomach ulcers and a tendency to become ill at school.
“I didn’t want to go to school at all,” Redding said. “It’s something that’s pretty hard not to think about.”
Although her family was supportive, Redding had to receive counseling. When she learned that the nurse who participated in the search was assigned to her high school, she left school to go home when she became ill instead of going to the nurse’s office.
Eventually, Redding dropped out of school and took a placement test at Eastern Arizona College, where she is working on her general education diploma.
As Redding struggled to complete her education, her complaint against the School District slowly wound its way through the federal court system.
In a July 11, 2008, ruling, an 11-judge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco said Safford Middle School officials violated Red-ding’s Fourth Amendment rights when they forced her to strip to her underwear in search of ibuprofen tablets. This ruling came nine months after a Sept. 21, 2007, decision by the appellate court’s three-judge panel that ruled in favor of the School District. The 2007 ruling upheld a federal district court’s summary judgement that Wilson, the nurse and the administrative assistant did not violate the girl’s Fourth Amendment rights.
The Safford School District appealed the appellate court’s 2008 decision in Redding’s favor to the U.S. Supreme Court. The high court heard the appeal in April.
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22 comment(s)The point is wrote on Jul 27, 2009 5:10 PM:
Rather Not Say wrote on Jul 7, 2009 7:08 PM:
To Confused wrote on Jul 5, 2009 10:53 PM:
Curious wrote on Jul 5, 2009 10:32 PM:
Confused wrote on Jul 5, 2009 4:28 PM:
Well... wrote on Jul 2, 2009 2:44 PM:
Safford parent wrote on Jul 2, 2009 2:17 PM:
To Haha wrote on Jul 1, 2009 6:07 PM:
parent wrote on Jul 1, 2009 3:16 PM:
nemo wrote on Jun 30, 2009 10:28 PM:
haha wrote on Jun 30, 2009 9:59 PM:
93 wrote on Jun 30, 2009 9:39 PM:
woop woop wrote on Jun 30, 2009 5:52 PM:
hold on. wrote on Jun 30, 2009 4:11 PM:
parent wrote on Jun 30, 2009 10:34 AM:
In their eyes he does nothing wrong so god bless them for their ignorance and hope they open their eyes before it's too late & someone closes them down "
arrest wrote on Jun 29, 2009 7:54 PM:
Again they made the choice wrote on Jun 29, 2009 4:50 PM:
They made the choice to do what they did. Consequences of our actions are not always pleasant.
Bottom line they should have refused to strip seach children. "
Parent of the community wrote on Jun 29, 2009 3:28 PM:
They made the choice wrote on Jun 29, 2009 2:47 PM:
..."school nurse and an administrative assistant" who were roped into this in the first place by Wilson. "
________________________________
The nurse and assistant made the choice to participate in sexually molesting a 13 yr. girl. If my boss told me to strip search a child I would say no and call the police. "
Seth wrote on Jun 29, 2009 11:59 AM:
JM wrote on Jun 28, 2009 10:06 PM:
jw wrote on Jun 28, 2009 3:15 PM: