DECISION OF THE COURT

School officials did not find ibuprofen, which is found in over-the-counter medications like Advil and Motrin. Higher doses require a prescription

The suit was thrown out, but they appealed, and after two rounds got a strongly worded victory from the U.S. Court of Appeals for the 9th Circuit -- but with a shockingly thin 6-5 margin.

The appeals court also ruled the assistant principal may be held liable for damages for the search. In its appeal to the Supreme Court, the school argued that the ruling has alarmed administrators and teachers around the country.

The decision "places student safety and school order at risk by impairing the ability of school officials to effectively carry out their custodial responsibility," it said.

Redding's lawyers opposed the appeal.

"A school official simply cannot order a strip search any time a frightened student points an accusatory finger at another student," they said. http://www.reuters.com/article/domesticNews/idUSTRE50F6JA20090116?pageNumber=2&virtualBrandChannel=0&sp=true

The nine justices will hear Safford officials' appeal of a lower court decision that said (The administrators violated Savana's constitutional rights and should be held financially responsible.) http://www.usatoday.com/news/washington/judicial/2009-04-15-stripsearch_N.htm

The school has a "zero tolerance" policy against drugs, and extended the principle to all "drugs" -- including over-the-counter pills such as ibuprofen, which teen girls often use to relieve menstrual cramps.

The court ruled that reasoning is outrageous.

It does not take a constitutional scholar to conclude that a nude search of a 13-year-old girl is an invasion of constitutional rights," Judge Kim McLane Wardlaw wrote for the majority of the judges. "More than that: it is a violation of any known principle of human dignity." http://www.thisistrue.com/blog-zt_v_savana_redding_a_court_decision.html

Now, in this case, it was prescription-strength (400 mg) Advil -- one pill is the equivalent of two over-the-counter tablets; two OTC tablets is a typical dose. The court was not swayed by the drug's prescription-only status:




http://www.thisistrue.com/blog-zt_v_savana_redding_a_court_decision.html