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En banc Ninth Circuit reinstates lawsuit challenging the constitutionality of a school's strip-search of a 13-year-old female honor roll student with no prior disciplinary problems based on the allegation she had given a classmate an ibuprofen tablet

En banc Ninth Circuit reinstates lawsuit challenging the constitutionality of a school's strip-search of a 13-year-old female honor roll student with no prior disciplinary problems based on the allegation she had given a classmate a prescription-strength ibuprofen tablet: The vote on the eleven-judge panel was 6-5 in favor of reinstating the lawsuit. You can access today's ruling at this link.

In September 2007, the majority on a divided three-judge Ninth Circuit panel held, in a ruling you can access here, that the search did not violate the student's constitutional rights. Three dissenters from today's en banc ruling share that view, while the other two dissenters agree that the search was unconstitutional but would find that the defendants are entitled to qualified immunity.

My earlier coverage of the case appears here and here.

Full post as published by How Appealing on July 11, 2008 (boomark / email).