June 30, 2009, by
Meyers Nave
The United States Supreme Court ruled last week in Safford Unified School District #1, et al. v. Redding that a school official's search of a thirteen-year-old student's bra and underpants violated her Fourth Amendment right to be free from unreasonable searches. But in a second part of the opinion with significance beyond the school setting, the Court held that the officials were entitled to qualified immunity, as the unconstitutionality of such a search was not "clearly established" when they conducted it. This decision is important to all public officials who may assert a qualified immunity defense, because it reaffirms the rule that the official must be on notice that her conduct violates a clearly established right before she can be subjected to a lawsuit, or, ultimately, liability. Read more here.
