After false accusations, girl forced to undergo vagina/rectal search AT SCHOOL.

[pnwmom]

Last edited Thu Dec 15, 2016, 02:23 AM - Edit history (3)

A lawsuit has been filed. This district/city better pay a huge settlement -- or watch out for jurors like me.

ON EDIT: the second article says that the judge has ordered the case into mediation. Mediation??? I hope the girl can't be forced to accept a settlement. The third link is from a local source, and some of the comments are interesting . . .

http://courthousenews.com/dehumanizing-body-cavity-search-at-school/

“Scared and disturbed by the mention of a rectal exam, Jane pleaded to defendants Avallone and Bird to let her urinate in a toilet to prove she was not concealing anything in her rectum,” the complaint states.

Doe says they took her up on her offer, with Avallone watching as she urinated.

Though Doe urinated normally, the nurse ordered Doe, flashlight in hand, to turn around.

And then the nurse put her hands on her and conducted the "search."

"Luther" is the principal who ordered the search:

All Luther had to say in explanation of his activity, the complaint says, was “Stop having your name associated with people with drugs.”

. . . . Doe seeks punitive damages, alleging 13 causes of action including unreasonable search, false arrest, assault, battery, false imprisonment, emotional distress, negligence and gender discrimination in violation of Title IX, the federal law prohibiting sex discrimination in education.

http://www.wwnytv.com/news/local/Student-Sues-Harrisville-School-After-Body-Cavity-Search-406075175.html


The court has ordered the case go to mediation in March.

http://www.watertowndailytimes.com/news03/lawsuit-harrisville-student-falsely-accused-of-having-drugs-subjected-to-body-cavity-search--20161210

This above link goes to a local newspaper story, and some of the commenters might know the people involved.

[CanonRay]

1. Positively shocking

[SaschaHM]

2. There needs to be criminal charges.

This sounds like child abuse. I wonder what her age is. Minors should not be able to consent to vaginal/rectal searches because it's clear from the story that she was under extreme duress from the authorities and the nurse when she agreed to any of this. The folks that put her through this are just sick. If I were a parent, I would have to suppress the urge to get physical.

[pnwmom]

4. She repeatedly OBJECTED. At the very end she gave up, but she never consented.

Even though they intimidate her with the police presence:

"Doe says two members of the New York State Police were stationed outside the main office, and that she found the district superintendent, Robert Finster, in the principal’s office, along with Amy Bird, the principal of the middle school.

SNIP

“No drugs, contraband, or any other prohibited substances were located in any of Jane’s clothes,” the complaint states.

Then nurse Avallone allegedly offered to perform a rectal exam.

“No,” Jane said immediately, according to the complaint, which continues to say that “Jane clearly indicated to defendants Bird and Avallone that she was not willing to undergo a rectal exam.”

[SaschaHM]

8. I was speaking on a broader scope.

Vaginal/Rectal searches should be out of the question for minors period. Just what the hell is wrong with that nurse (and our country) that she could just up and perform a strip search and a vaginal/rectal exam on a student without even notifying the parents. Sorry, this has me heated because two teachers at my prior high school were busted for preying on teenagers. The fact that this was something that could even take place makes it ripe for abuse.

[prayin4rain]

11. I totally agree. This is horrifying. nt

[pnwmom]

12. You don't need to apologize to ME! I feel the same way you do.

There was no excuse whatsoever for what this group of adults did. They should all lose their jobs and have to personally contribute to the financial settlement with the girl.

At the least!

[McCamy Taylor]

13. She can't consent. She is 13.

Where are the parents.

[pnwmom]

14. You're right -- but how do you know her age, by the way?

The article doesn't report her name or her age -- except it was a year ago and she's in high school now.

[HassleCat]

3. They will settle.

They can't let this go to trial.

[brush]

5. Unbelievable. Those inhuman adults should be fired, everyone of them

How do grown adults get that stupid to think they can put a student through that?

They should also have to contribute to the huge monetary judgment that's going to be awarded that student.

[BlancheSplanchnik]

6. jeeeezzzusss fucking kkkrist!

Jeeezzzus H fucking KKKRIST!!!!!

[elleng]

7. FOOLS!Supreme Court Rules Strip Search Violated 13-Year-Old Girl's Rights.

Friday, June 26, 2009

Arizona school officials violated the constitutional rights of a 13-year-old girl when they strip-searched her on the suspicion she might be hiding ibuprofen in her underwear, the Supreme Court ruled yesterday. The decision put school districts on notice that such searches are "categorically distinct" from other efforts to combat illegal drugs.

In a case that had drawn attention from educators, parents and civil libertarians across the country, the court ruled 8 to 1 that such an intrusive search without the threat of a clear danger to other students violated the Constitution's protections against unreasonable search or seizure.

Justice David H. Souter, writing perhaps his final opinion for the court, said that in the search of Savana Redding, now a 19-year-old college student, school officials overreacted to vague accusations that Redding was violating school policy by possessing the ibuprofen, equivalent to two tablets of Advil.

What was missing, Souter wrote, "was any indication of danger to the students from the power of the drugs or their quantity, and any reason to suppose that Savana was carrying pills in her underwear.". .

The court's virtual unanimity was in contrast to the intense oral argument that seemed to exasperate the court's only female member, Justice Ruth Bader Ginsburg. She later said her male colleagues seemed not to appreciate the trauma such a search would have on a developing adolescent.

"They have never been a 13-year-old girl," she told USA Today when asked about her colleagues' comments during the arguments. "It's a very sensitive age for a girl. I didn't think that my colleagues, some of them, quite understood."

But yesterday's opinion recognized just that. "Changing for gym is getting ready for play," Souter wrote. "Exposing for a search is responding to an accusation reserved for suspected wrongdoers" and is so degrading that a number of states and school districts have banned strip searches. The Washington region's two largest school districts are among them..'>>>

http://www.washingtonpost.com/wp-dyn/content/article/2009/06/25/AR2009062501690.html

[pnwmom]

9. Thanks, elleng. I knew this couldn't be legal. n/t

[elleng]

10. You're welcome.

I'll recalled hearing of Justice Ginsburg's reaction especially, as an 'explanation' for the 'guys.'

[Dorian Gray]

25. Wait!

They strip-searched her because they thought she was hiding IBU-FUCKING-PROFEN in her underwear?

They didn't suspect her of meth/heroin/crack????

Ibuprofen????????????



Seriously?


What the fuckity-fuck?

[SunSeeker]

15. This is child rape. Luther and the nurse should be in jail. nt

[arithia]

16. Public school official, so.....

this poor girl was pretty much raped by a state actor.

In addition to pressing charges, I sincerely hope the family files a full complaint with the NY board of nursing. That quack should lose her license- a quick glance of their rules shows she is in multiple violations of their code of conduct.

[jberryhill]

17. Many courts have a mandatory mediation track

In some courts, you must attend a mediation session as a condition for proceeding. If you don't come to agreement, the case goes to trial.

[pnwmom]

18. So it won't preclude a trial, if the girl and her parents don't agree?

That's okay then.

[jberryhill]

27. That's correct

[kcr]

26. I think you're missing the point. This should be a criminal trial for a sexual assault. n/t

[jberryhill]

28. "This" is a civil suit

The blog Courthouse News reports on things that turn up in civil suit filings.

Whether the plaintiff ever went to police or what else may have gone on among these people and the school is not going to be apparent from either the civil suit filing nor from the blog in question.

Example, if you get drunk, smash into my car, and injure me, then I will file a civil suit against you. If someone is reading that civil complaint, then whether or not you were arrested for drunk driving is not going to be part of that picture.

[TreasonousBastard]

19. Without reading the background, it just seems so obvious that this would be a sex crime if...

anyone but school officials did such a search. For any reason. There should be no immunity for this any more than if a school employee was caught peeping or touching, much less groping.

And that a nurse went along with it is even more disgusting. What are the ethics/rules about nurses assisting with cavity searches? Do they take oaths like doctors?

[Buckeye_Democrat]

20. Infuriating!

The principal and others involved better face repercussions! I wouldn't have blamed that girl if she'd resorted to violence to prevent it.

I went swimming at a public pool with a neighbor kid and his family when I was about 7 years old, and the weirdo father noticed my underwear sticking above the swim trunks. He insisted that the underwear be removed and took me to the parking lot for me to undress and remove them. I did it (quickly), noticing how he was watching me closely. If he'd touched me, I would've stuck my fingers into his eye sockets! Needless to say, I never went anywhere with that family ever again.

The neighbor kid later tried to commit suicide as a teenager, only telling me afterwards that his father was to blame.

[Warren DeMontague]

21. what were they looking for, hmm? The Hope Diamond? Alger Hiss's microfilm? the cure for cancer?

a ticking nuclear bomb?


no, no, it would be totally unreasonable to go to such extreme authoritarian lengths for anything like that.

Obviously, it was DRUGGGGGGZZZZZZZZZZZZ ZOMG DRUGS

[Dark n Stormy Knight]

30. Well said. I would laugh, if I weren't so busy

screaming and crying.

[Spitfire of ATJ]

22. ....and of course race has nothing to do with it.

[Hekate]

23. That's ...... rape

Un - believable

[pnwmom]

24. I thought so, too.

[niyad]

29. every one of the adults involved needs to be fired immediately:

(actually, on second thought, every adult involved needs to be subjected to a strip and orifice search--in public, by very untrained, sadistic people with poor hygiene, at the very least)

According to the suit, Avallone then ordered Doe to turn around and "expose her vagina for examination...Using her hand, Defendant Avallone pried apart the opening to Jane’s vagina and shined her flashlight inside."

The complaint says Avallone laughed at Doe and said, "This is a first for Harrisville."

The body cavity search turned up nothing, the suit states.

Doe says her clothing was returned to her and, as she was dressing, she asked to call her father.

Bird allegedly denied the request without explanation.

According to the complaint, Luther returned Doe's backback to her and admitted to searching the inside without being in her presence.

The ordeal, which the suit says lasted about 80 minutes, ended with Luther allegedly telling Doe: "Stop having your name associated with people with drugs."