Education Week (blog): Justices Decline to Review Case Involving Strip Search of 4-Year-Old at School by Mark Walsh:
The U.S. Supreme Court on Monday declined to take up a case involving the warrantless strip-search at school of a 4-year-old student by a county caseworker looking for evidence of abuse.
The case of I.B. v. Woodard (No. 18-1173) raised several important legal questions for educators, including whether a child welfare caseworker requires a warrant to strip-search a child and whether it was clearly established that such conduct was barred in Colorado under relevant federal court rulings.
Lawyers for the student and her mother, joined by several allies, also asked the justices to fundamentally reconsider their jurisprudence related to the doctrine of qualified immunity—the bedrock protection for educators and other government officials from personal liability as long as their conduct does not violate clearly established rights.
A growing number of legal scholars have questioned the doctrine of qualified immunity, and they have been joined by three current members of the court who have written or joined opinions that raised concerns about whether the doctrine goes too far in protecting government workers from liability when abuses occur. (On the current court, those justices are Clarence Thomas, Ruth Bader Ginsburg, and Sonia Sotomayor.)