In a 42 U.S.C. section 1983 action alleging an unlawful search of a student, the denial of summary judgment based on qualified immunity is affirmed where the search of Plaintiff's underwear violated the Fourth Amendment because the facts did not give school officials reasonable suspicion to search her underwear.
Argued April 21, 2009
Decided June 25, 2009
Souter, J., delivered the opinion of the Court.
Stevens, J., filed an opinion concurring in part and dissenting in part
Ginsburg, J., filed an opinion concurring in part and dissenting in part.
Thomas, J., filed an opinion concurring in the judgment in part and dissenting in part.
Matthew W. Wright, Holm Wright Hyde & Hays PLC, Phoenix, AZ