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CA6: Circuit law prior to Safford was settled, so no qualified immunity

By John Wesley Hall, Jr.

The 2008 Sixth Circuit opinion was GVR’d in light of Safford Unified School Dist. #1 v. Redding. On remand, the court finds Sixth Circuit law was settled at the time of the student strip search, and there was no qualified immunity. Knisley v. Pike County Joint Vocational School, 2010 U.S. App. LEXIS 9860, 2010 FED App. 0137P (6th Cir. May 14, 2010): However, this Circuit's law on student strip searches was clearly established as early as 2005, when we published our opinion in Beard. We read Redding to affirm our constitutional holding in Beard. Thus, because Beard remains good constitutional law and because that law was clearly established at the time of the strip search in this case, Redding does not require a result contrary to that reached in Knisley I...continue to full post

Full post as published by Fourth Amendment on May 16, 2010 (boomark / email).