sueing my school

Okay it's bs, i've been searched 19 times this year and todays is the last time. i was on my off period and had my dad pick me up so i could go home and get a dollar, so i came back and secerity stopped me and asked why i smelt like smoke my dad smokes and he did in the truck. they took me to security office and made me empty my pockets found a lighter (i always have one just incase) i asked why they searched me and he said it was a random check, then he started putting my pants pockets back in.

excuse double

due to both things being illegal touching me, and random searches

8 times were off campus and the other times were classified as ''random searches'' i'm not sure what to do the principal wont listen so should i just tell them im sueing?

What's the big problem if you never have anything on you? If you sue them they're just going to think you want it to stop because you have something to hide. It takes 2 minutes, no big deal.

Very big deal...don't let someone screw your rights.

Random searches are legit...if thier random...but 8 times? mhm odd...unless you have a prevoous disciplenary record it seems like your being targeted.

Just don't find some worthless ambulance chaser lawyer hoping to make a quick buck..if you do..well no respect.

honestly i can care less about the money i have a job, and i make a decent amount im happy with.

it just pisses me off that nobody will do anything about it.

and school security may not leave school grounds and do a random search. the school cop can but security can't. at least within my school district they can't randomly do that, they need to suspect somthing and they must tell you.

i'de hate to make sombody loose there job but if i have to i will.

Problem is, a lighter is consider a weapon in school terms. You're lucky all they did was confiscate it. Sounds rediculous, but there are MANY instances where students have either lit objects, people, or structures on fire (there was a kid on my afternoon bus that lit some dudes hair on fire...he was expelled).

...frankly, don't carry it.
You're 14 and there is nothing on school grounds that I can think of that you would ever need a lighter for.

I'm with Zane on the random searches, but you have to remember that when you enroll in the school you sign a waiver allowing for searches without consent. You signed your rights away right there. It sucks, I know...I'm often searched...mainly because I was once reported for the manufacture of homemade explosives...and it pisses me off. Its insulting to my intelligence. Im smart enough to never bring materials, or anything that could be considered illicit, to school.

You're the one that, not too long ago, was in trouble over a fight and reefer charges?
That alone gives them probable cause to keep an eye on you and search when they please.

A case like the one you are proposing can never hold up in court. Theres no way to prove that it isn't just "random searches".
Sorry bud, you're just going to have to tough it out.

Took the words out of my mouth, Durk...

...and then made them sound better and more logical.

DrummerBoyz95 wrote:

Took the words out of my mouth, Durk...

...and then made them sound better and more logical.

Have a cookie anyway:

PSSSTTTT: They're sympathy cookies...don't get ahead of yourself
---------

Now back to the fun stuff.

Lonesniper, if you want to take action (which I don't suggest)...get a teacher on your side.
The school wont take you seriously until that happens (I know this from experience in standard public schools).

Talk to a teacher that you respect and know will hear you out. Do you have homeroom or anything? Maybe a coach? JROTC CO?...etc...
Talk it out and maybe the teacher will have some input.

Last year I was at a public school so ravaged by corrupt board members that they wouldnt even let me start a club because "the subject matter is innapropriate for high school." You wana know what that club was supposed to be?

A HUMANITARIAN CLUB. We were going to talk about all the evils that are commited in this world, all the people that are losing their lives in modern holocausts, and ways to fix our generation can repair our world. But because the school deemed topics we would cover to be "desensitizing"...they revoked my application.
The day after, I went straight to my history teacher and talked it over with him. That man fought his heart out.
In less than a week, my application was resubmitted and approved. That club now has over 100 members and have raised over $5,000 for Invisible Children (humanitarian organization). Although I'm no longer at that school, that was the best thing I ever did in my life so far.

The same can be done for you. Get a teacher on your side, have them stand next to you as you march yourself into the principal's office to set things straight.
Thats the best advice I can give you.

Dontt expect to get anything done by going to the "higher uppers" (aka: district workers, legal workers, etc.).
They will be much worse than your principal, I can guarantee you that.

As mentioned by your profile, you are 14 years old and it is ILLEGAL for the teachers, or security officers to touch you, LET ALONE SEARCH YOU.

If you are set on suing, my suggestion is to tell the school nothing, and let your lawyer break the news to them.


Before you mention anything to the school, make sure you have legal advice from a real lawyer because you do not want to claim to be suing only to find out you don't have a case.

Shee-it, I wish they'd do that at my school. All the "Watch your language" half-pint "gangstas" running around screaming "Crips" and "Bloods" could use a search. I do see your point though. 8 searches aren't random; you're being targeted.

Whats the name of your school?
I can almost guarantee you that I can find a school-specific Detention, Search, and Seizure Policy.

But this is the Colorado State policy...your school follows these guidelines, no doubt.

Colorado State Education Board - Specific Suspicion (EJ858805)

Quote :

III: Detention, Search, and Seizure
(7) Reasonable basis for student detention, search, and seizure

(a) Abnormal display of temperament or drastic change in demeanor
observed by a school official and confirmed or observed by a
second school official.

(b) When a school official observes a student conceal or attempt to
conceal items reasonably believed to be stolen or illegal property
on his person.

(c) Any substantial reports written or verbal from others which causes
reasonable belief that a student is concealing stolen or illegal
property on his person.

(d) Visual signs which appear that the student may be under the
influence of alcohol or drugs, confirmed by at least two school
officials.

From there you will see that physical contact with a student is justified if suspected that a weapon is present (ie: lighter).
Theres no way for you to prove that they did not have probable cause to search you.

The Gun-Free Schools Act of 1994 states that students can be expelled if they are found in possession of a weapon.
You're lucky that didnt happen. No need to make things worse by trying to build a case off your own testimonies.
You have no evidence of them touching you. You have no evidence that they did not have justified suspicion.
Sorry, mate.


Take a look at a similar case to the one you propose (well, not really similar at all...but relevent):

Quote :

The case involves an eighth-grade female student who was being strip-searched by a middle school assistant principal, a school nurse, and an administrative assistant for suspicions of having ibuprofen pills and a single over-the-counter naproxen pill. The student denied knowing anything about the specific pills and denied giving similar pills to any other students. The student's mother sued the school district, the assistant principal, the school nurse, and the administrative assistant, alleging that they violated her daughter's constitutional right to be free from unreasonable search and seizure. The district court granted summary judgment in favor of the school district and officials. A panel from the 9th Circuit Court of Appeals affirmed that ruling, finding that the strip search did not violate the Fourth Amendment to the U.S. Constitution. The U.S. Supreme Court affirmed (in part) the decision of the 9th Circuit panel on the question of whether the search of the student's bra and panties by school officials was reasonable. Essentially, the U.S. Supreme Court found that the search violated the Constitution "because there were no reasons to suspect that the drugs presented a danger or were concealed in the student's underwear" ("Safford Unified School District No. 1 v. Redding, 2009").

That went to the United States Supreme Court...and they found that contact with the student for security reasons is constitutional.
Any good lawyer defending the school district will bring up that case and the judge will dismiss your accusations altogether.

basically when you go to a public school most of your rights are taken away. its unfortunate but its true. you can't say they violated your constitutional right because on a school campus you have no constitutional right or very little.

And this is why the zero-tolerance policy needs to be reformed.

To the government, your safety at school is more important than your rights as a adolescent.

Honestly guys, I doubt we could help him unless we know what school and district he lives in. In my district, Columbus City Schools, search a seizure of a students property is illegal unless it is justified by an outward jesture, illegal paraphernalia within sight, or open weapon in sight, OR multiple witnesses testifying they saw one of the things above. Basically they can only search you if they witness something on your person. Lockers are school property though, so anything and everything in a locker is game. However in Dublin City Schools(northern suburb, home of Wendey's if you didn't know), they are allowed to search anyone without reason, this includes bags and lockers.

In both the schools I went to they really didn't search people a whole lot unless they were convicted felons OR had multiple trips to Juvie(which is not surprisingly allot of people). Reason being is if anyone gathered up enough money to sue the system, they would be screwed without witnesses on their side. Its the opposite with felons and or Juvenal delinquents because they have a record behind them.

Best advice ever, get to know the school cop and security guard. They wont mess with you if you do.

sticks