# Lamb v. Holmes

> Kentucky Supreme Court · May 19, 2005 · 162 S.W.3d 902

URL: https://www.frixlaw.com/law-library/cases/9728990

## Case

- **Full name:** Tracy Glass LAMB; Sharon Johnson; And the Estate of Lilian Montgomery Appellants v. Lucy HOLMES, as Next Friend of A.L., a Minor; And Renita Weaterington, as Next Friend of T.W., a Minor Appellees
- **Court:** Kentucky Supreme Court
- **Decided:** May 19, 2005
- **Citations:** 162 S.W.3d 902; 2005 Ky. LEXIS 169; 2005 WL 1183160
- **Precedential status:** Published
- **Opinion:** Dissent by Keller
- **Judges:** Scott, Lambert, Cooper, Graves, Johnstone, Wintersheimer, Keller
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9728990

## How later opinions describe it (automated extraction)

- finding that the actions of teachers/administrators in searching students were discretionary in nature

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9728990. Public record. Not legal advice.