United States Sixth Circuit

In a 42 U.S.C. section 1983 suit brought by middle school students against various school officials and others alleging defendants violated plaintiffs' constitutional right to privacy by installing and operating video surveillance equipment in the boys' and girls' locker rooms at a school, and by viewing and retaining the recorded images, denial of summary judgment for defendants is affirmed in part and reversed in part where the district court: 1) correctly denied summary judgment to school officials, who are not entitled to claim the defense of qualified immunity; but 2) erred as to defendant board members and a Director of Schools, who are immune.

Appellate Information

• Decided 02/20/2008
• Published 02/20/2008

Judges

• Before:  RYAN and GRIFFIN, Circuit Judges;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael B. Schwegler, Mills & Cooper, Brentwood, Tennessee, for Appellants.  Mark P. Chalos, Lieff, Cabraser, Heimann & Bernstein, Nashville, Tennessee, for Appellees.   ON BRIEF:  Michael B. Schwegler, Michael P. Mills, Mills & Cooper, Brentwood, Tennessee, for Appellants.  Mark P. Chalos, Lieff, Cabraser, Heimann & Bernstein, Nashville, Tennessee, Jack D. Lowery, Jr., Lowery, Lowery & Cherry, Lebanon, Tennessee, for Appellees.