No Justice For Savana Redding, But At Least They Can't Do It To Your Kids

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8 Responses

  1. Ken says:

    In a more just world, Kerry Wilson, Helen Romero, and Peggy Schwallier would be registered sex offenders now.

  2. Charles says:

    Redding isn't wholly without remedy yet; the case was remanded for an examination of the liability of the school district. The factual recitation is pretty interesting, actually, and made me a lot more sympathetic to the Vice-Principal's decision than I expected to be. Not as sympathetic as Justice Thomas, mind you, but more than Justices Ginsburg and Stevens.

  3. Patrick says:

    Go back and read the Ninth's en banc decision, if you want a compelling factual narrative. It's linked at the earlier post.

  4. Charles says:

    The thing I find most striking about the 9th Circuit decision is the tone of the dissent. As opposed to Thomas, who doesn't seem like he'd mind if random strip searches were used in conjunction with metal detectors as kids entered the building, the en banc dissent at least seems sympathetic to the Savana Reddings of the world, even if they have an exaggerated sense of fear at the dangers of ibuprofen.

  5. David Schwartz says:

    Your honors, this search falls under the drugs exception to the fourth amendment. It's an emanation from a penumbra.

  6. Greg says:

    Re: "Of course, for everyone else the maxim that ignorance of the law is no excuse stands, but in this case Redding’s assailants get a pass."

    Well, of course. The principle that ignorance of the law is no excuse only applies to private citizens, whom we very reasonably expect to have a lawyer-level expertise in every aspect of every law on the books. Public servants, on the other hand, cannot possibly be expected to be cognizant of the laws that apply to them in their professional capacity.

  1. June 28, 2009

    [...] the violation.  Ed Whelan has the rundown.  Patrick at Popehat summarizes the decision as “No justice for Savannah Redding, but at least they can’t do it to your kids.”  Publius at Obsidian Wings has a more upbeat take, arguing that qualified immunity is [...]

  2. June 28, 2009

    [...] Examples of failed leadership are much easier to find.  Did it really require a decision by the Supreme Court to determine that a 13-year-old can't be stripped searched?  Her suspected crime?  Having Ibuprofen on her person in violation of a "zero" tolerance no drug policy. [...]