Cato Daily Podcast Best of Cato Daily Podcast: Is Strip Searching Students in a School Covered by Qualified Immunity?
May 15, 2025
In this engaging discussion, Chris Kemmitt, the Deputy Director of Litigation at the NAACP Legal Defense Fund, tackles the controversial topic of qualified immunity for school administrators. He highlights a troubling case where a 14-year-old student faced an unjustified strip search, raising serious concerns about student rights and privacy. The conversation delves into the legal implications of the Fourth Amendment in schools and argues for increased accountability for public officials who violate students' rights, advocating for the need to challenge this legal doctrine.
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Qualified Immunity Extends Beyond Police
- Qualified immunity is widely known in the context of police but equally applies to school officials who violate constitutional rights.
- School officials can violate Fourth Amendment rights just like police, complicating civil recourse.
Student Twice Strip Searched at School
- A 14-year-old student was strip searched twice at school without reasonable suspicion, including in front of an open window.
- The searches were invasive, unnecessary, and conducted despite no drugs being found initially.
Challenge Qualified Immunity Through Appeals
- When public officials violate constitutional rights, plaintiffs should pursue damages via civil lawsuits.
- However, qualified immunity often blocks cases from going to trial unless there's clear precedent, necessitating appeals.