{"id":4181,"date":"2010-06-22T15:00:21","date_gmt":"2010-05-16T15:42:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-05-16T15:42:51","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4181","title":{"rendered":"CA6: Circuit law prior to Safford<\/em> was settled, so no qualified immunity"},"content":{"rendered":"

The 2008 Sixth Circuit opinion<\/a> was GVR\u2019d in light of Safford Unified School Dist. #1 v. Redding<\/a>. 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<\/a>, 604 F.3d 977, 2010 FED App. 0137P (6th Cir. 2010):<\/p>\n

However, this Circuit’s law on student strip searches was clearly established as early as 2005, when we published our opinion in Beard<\/a>. We read Redding<\/a> to affirm our constitutional holding in Beard<\/a>. 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<\/a> does not require a result contrary to that reached in Knisley I. Cf. Foster v. Raspberry<\/a>, 652 F. Supp. 2d 1342, 1352 (M.D. Ga. 2009). Our Circuit’s clearly established case law on this issue put the school and its employees on notice that this search was unconstitutional, so defendants are not entitled to qualified immunity protection.<\/p><\/blockquote>\n

So, a SCOTUS case in point is not required–what is the case law in the circuit on the issue?<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4181","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4181","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4181"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4181\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4181"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4181"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4181"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}