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E.D.Cal.: Reasonableness standard applies to school seizures of peson

By John Wesley Hall, Jr.

Reasonableness standard of T.L.O. applies to seizures of the person by school officials. T.A. v. McSwain Union Elem. Sch. Dist., 2009 U.S. Dist. LEXIS 51306 (E.D. Cal. June 18, 2009): The California Supreme Court's reliance on the "arbitrary, capricious, or undertaken for purposes of harassment" standard does not apply in the Ninth Circuit to the Second Claim for Relief. In Shuman ex. rel. Shertzer v. Penn Manor School Dist., 422 F.3d 141, 148 (3rd Cir.2005), the Third Circuit rejected the application of the California Supreme Court standard to a Fourth Amendment challenge to a student's seizure (being told to remain in a conference room under supervision for several hours), noting that the Fifth, Seventh and Ninth Circuits have applied a reasonableness standard to a seizure...continue to full post

Full post as published by Fourth Amendment on June 27, 2009 (boomark / email).