United States Sixth Circuit

On remand from the United States Supreme Court, denial of qualified immunity for defendants in eleven plaintiffs' suit alleging that they and every other student in their high school nursing class were subjected to unconstitutional strip searches after students in the class reported that a credit card and other items were missing, is affirmed as Beard v. Whitmore Lake Sch. Dist. remains good constitutional law and because that law was clearly established at the time of the strip search in this case, precedent does not require a result contrary to that reached in Knisley I, as this circuit's clearly established case law on the issue put the school and its employees on notice that this search was unconstitutional.

Appellate Information

• Argued 04/29/2010
• Decided 05/14/2010
• Published 05/14/2010

Judges

• Before: MARTIN, CLAY, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:John C. Albert, Crabbe Brown & James, LLP, Columbus, Ohio, for Appellants. Michael S. Miller, Volkema, Thomas, Miller, Burkett, Scott & Merry, Columbus, Ohio, for Appellees. ON BRIEF:John C. Albert, Crabbe Brown & James, LLP, Columbus, Ohio, for Appellants. Michael S. Miller, Daniel R. Volkema, Volkema, Thomas, Miller, Burkett, Scott & Merry, Columbus, Ohio, Robert R. Dever, Bannon, Howland & Dever, Portsmouth, Ohio, for Appellees.