School District Settles Suit Over Search of Student's Confiscated Cell Phone
2011-02/14 Jeffrey T. Jones                                                                                                            Printer Friendly PDF Version

DeSoto County School District (School District) has agreed to settle a lawsuit over the search of the contents of a middle school student’s cell phone that had been confiscated by school officials for a violation of the School District’s cell phone policy. The lawsuit was brought by the American Civil Liberties Union (ACLU) on behalf of the student after he was expelled on the grounds his phone contained gang images. According to school officials, their search of  his phone revealed photos of what they described as “gang-related activity.” However, the  ACLU contended that the photos mainly depicted the student dancing in his home’s bathroom.

The ACLU alleged that rather than simply confiscating the phone and turning it in to the school office as required by school policy, several school officials, including a football coach and a school principal, searched through the private and personal pictures the student had stored on the phone. The phone was subsequently turned over to the Police Department, who claimed that the pictures constituted “gang-related activity” and “indecent pictures.” The student was initially suspended for three days but was later expelled after a disciplinary hearing. 

The School District Superintendent said, “we deny we have done anything wrong” and ”we have clarified our gang policy, and our insurance company reached financial settlements to avoid additional legal costs.” An ACLU spokesman stated that, “this was a case where an honor student was expelled from school because a police officer and school officials decided without any basis that innocent pictures of a kid dancing conveyed 'gang-related' messages.” As part of the settlement, the School District agreed to make a list of prohibited gang signs available at school offices and on its website.  The financial amount of the settlement is unknown. 

This case highlights the fact that school districts should have clear policies in place with regard to student searches and seizures, and follow them.  The policy should note the type of searches that are permissible and their limits.  For example, the policy should specify, as in this case, whether pictures and telephone numbers on a student’s cell phone may be viewed when confiscated.  With regard to computer related devices, even more areas must be addressed.  For example, whether examining a student’s e-mails, text messages, and pictures, is permissible.  This is necessary if student officials are to be provided the guidance necessary to avoid expensive litigation, such as the DeSoto County School District found itself involved.

Please feel free to contact Jeff Jones, the author of this article, or any of the attorneys in the Employment, Labor & Benefits Practice Group of Ruder Ware: Ron Rutlin, Dean Dietrich, Mary Ellen Schill, Chris Toner, or Sara Ackermann if you have questions in regard to this update.

© 2011 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
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