finding that the actions of teachers/administrators in searching students were discretionary in nature
How later courts described this case
- finding that the actions of teachers/administrators in searching students were discretionary in nature
- “[T]he ‘plain meaning’ of statutes controls when interpreting statutory language.” (citation omitted)
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Justice KELLER.
I respectfully dissent for two reasons.
First, this was a strip-search. The young girls were required to do far more than roll up their shirt sleeves or turn out their pockets. They were required to raise their shirts above their breasts and to drop their pants below their knees, thus moving their clothing so as to expose their underwear. Though they were not required to strip naked, they were still required to move their clothing from its normal position and to expose areas of their bodies usually considered private. That is a strip-search.
Second, in the Fayette County Public Schools, there is no uncertainty about whether a strip-search is permitted. To its credit, the Fayette County Board of Education has adopted a policy against strip-searches. The existence of that policy means that the persons conducting the search knew it was prohibited.
Accordingly, I would affirm the Court of Appeals and remand this case to the trial court for further consideration of the Appellants’ claims.