Federal lawsuit filed over search of 13-year-old Jay County student
PORTLAND Ind. — The American Civil Liberties Union of Indiana on Tuesday filed a federal lawsuit on behalf of a seventh-grade student at Jay County Junior-Senior High School who allegedly was "required to expose her bra during an invasive search."
According to the lawsuit — filed in U.S. District Court in Fort Wayne — the 13-year-old student on Nov. 21 was removed from class "without any explanation" by Bradley Milliman, dean of students, and taken to the nurse's office, "where the nurse required (the student) to lift her shirt up, exposing her bra."
An ACLU release indicated "this very intrusive search." conducted in front of both the nurse and Milliman, violates the girl's Fourth Amendment rights, which protect citizens from unreasonable searches.
The dean of students later explained a student had "falsely reported that (the girl) had a weapon," the release said.
The lawsuit alleges that same student had made false reports before, and that "there were many less invasive means available" to conduct a search.
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The suit also contends the student — who has not returned to school, and is now being home schooled "as a result of this traumatizing experience" — has suffered "emotional and mental harm."
Milliman and Rebecca Hudson, the school nurse, are named as defendants in the lawsuit. Attorneys have requested a jury determine damages in the case.
"No parent wants to see their child suffer like this," the girl's father said in the press release. "My daughter has been involved in multiple school sports teams, but now that she no longer feels safe in school. It breaks my heart to think she may never be able to participate in school activities again."
Ken Falk, legal director of the ACLU of Indiana, said the actions by school officials "were taken with reckless or callous indifference to (the girl's) rights."
On Wednesday, Jeremy Gulley, Jay school superintendent, issued a statement concerning the lawsuit.
"As this is a matter of pending litigation, I will have no further comment until there is opportunity for a review of facts in concert with the district’s legal counsel," he said.
Douglas Walker is a news reporter for The Star Press. Contact him at 765-213-5851 or at dwalker@muncie.gannett.com.
This article originally appeared on Muncie Star Press: Suit contends search violated 13-year-old Jay County student's rights
