Pubdate: Fri, 04 Sep 2009
Source: News-Enterprise, The (Elizabethtown, KY)
Copyright: 2009 News-Enterprise
Contact:  http://www.newsenterpriseonline.com/
Details: http://www.mapinc.org/media/1663
Author: Bob White
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/find?225 (Students - United States)

STRIP SEARCH SUIT ENDS

Federal Judge Dismisses Some Claims

LOUISVILLE - A lawsuit against Hardin County Schools and the city of 
Vine Grove stemming from a 2007 search of Brown Street Alternative 
Education Center students was dismissed Wednesday after a settlement 
was reached by parties involved the day before.

The suit, filed by former Brown Street student Nicole Pendleton, 
claimed a September 2007 "strip search" of a bus load of students was 
unwarranted and violated civil rights and state laws regarding 
assault, false imprisonment and invasion of privacy.

Pendleton said school and city police employees forced her and more 
than a dozen other students to partially disrobe so authorities could 
feel around brassieres, pant legs and waistlines for contraband. No 
contraband was found, according to the complaint or depositions of 
any party to the case.

On the Tuesday prior to the settlement, U.S. District Court Judge 
Jennifer B. Coffman dismissed federal claims of Pendleton's civil 
rights being violated and claims against individuals participating 
in, or supervising those involved with, the search as part of her 
answer to motions for summary judgments.

Coffman allowed Pendleton's pursuit of some of the state-law claims 
including negligence, assault, emotional distress, false imprisonment 
and invasion of privacy, according to her opinion.

The settlement was reached immediately after Coffman's order and 
memorandum opinion to the motions for summary judgment. A report on 
the settlement conference, sent to Coffman by Magistrate Judge David 
Whelan, included no details about the sum of money involved in the settlement.

Pendleton's attorney, Roger Rigney, would not comment on the case, 
saying any comment might give readers the impression that he was 
boasting on the settlement.

Vine Grove City Attorney Jason Bell said the settlement was agreed to 
for economic reasons.

"We don't think for no instant that any police officer did anything 
wrong," Bell said. "It was done out of our desire for peace and to 
eliminate further costs that could be involved. This is the kind of 
case that could be appealed and appealed."

Bell said the settlement was not a large sum of money and defended 
the search, citing school safety.

"Our big concern is school safety," Bell said. "That's the reason for 
this or any other search at school."

Depositions of former Police Chief Dale Riggs and Principal Joe Welch 
reflected confusion as to why the search ever was conducted.

Riggs, in his deposition said students were being searched for 
marijuana, but Welch, in his deposition, said he didn't know why the 
search was performed.

Either way, Bell said no defendants to the suit admit wrongdoing or 
acting irresponsibly.

"That was a condition of the suit - that we do not accept any 
liability or admit any wrongdoing," Bell said.

Dana Collins, attorney for Hardin County Schools, echoed Bell's 
statements and explained that the school system was wiling to pay out 
to bring "finality to the case."

"We felt good about the opinion and we think it would have been 
upheld if appealed," Collins explained.

The cost of a settlement was minimal compared to the cost of 
continued defense in the event of an appeal, Collins explained.

HCS Superintendent Nannette Johnston was out of town Friday and 
unavailable for comment, according to HCS spokesman Dick Thornton.

Vine Grove Police Chief Steve Manning said police department policies 
have not changed as a result of Pendleton's complaint. No officers 
were disciplined because of the search.

Pendleton's case was filed in the midst of a rash of other 
search-related lawsuits against jails, schools and businesses, 
including a high-profile strip search case involving the Mount 
Washington McDonald's which stemmed from a hoax phone call.

Thornton said school officials may be available for comment after the 
Labor Day holiday.
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MAP posted-by: Jay Bergstrom