Angela Lee Williams, a Minor, by Her Father and Next Friend, William Hardy Williams v. Jerald M. Ellington

936 F.2d 881, 1991 U.S. App. LEXIS 13080, 1991 WL 107794
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 24, 1991
Docket90-5993
StatusPublished
Cited by176 cases

This text of 936 F.2d 881 (Angela Lee Williams, a Minor, by Her Father and Next Friend, William Hardy Williams v. Jerald M. Ellington) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Angela Lee Williams, a Minor, by Her Father and Next Friend, William Hardy Williams v. Jerald M. Ellington, 936 F.2d 881, 1991 U.S. App. LEXIS 13080, 1991 WL 107794 (6th Cir. 1991).

Opinion

CELEBREZZE, Senior Circuit Judge.

Plaintiff Angela Williams, a minor, by her father and next friend William Hardy Williams, appeals the district court’s order entering summary judgment in favor of Defendants Jerald Ellington, et at, in this action under 42 U.S.C. § 1983 seeking monetary damages and injunctive and declaratory relief for the warrantless strip search of Williams performed by officials of Graves County High School located in May- *882 field, Kentucky. The named Defendants include Graves County High School Principal Ellington, Graves County Superintendent Billy Lee Watkins, Assistant Principals Maxine Easley and Donald M. Jones and five members of the Graves County School Board of Education.

On appeal, Williams alleges the Defendants’ conduct violated her right to be free from unconstitutional searches pursuant to the fourth and fourteenth amendments to the United States Constitution. Williams also contends the district court erred in granting summary judgment on the basis of qualified immunity to Graves County School Board of Education sued in its official capacity and Defendants sued in their individual capacity. For the reasons stated below, we AFFIRM.

I.

The record before us reveals that on Tuesday, January 19, 1988, Graves County High School Principal Jerald Ellington received a telephone call from a student’s mother who expressed concern over a situation in which her daughter, Ginger, was confronted with drugs. Although no names were disclosed, the mother reported that a student had offered drugs to her daughter. Later that day, Ellington called Ginger into his office to learn more about the incident. Ginger reported that during typing class on the day before, she had seen Williams and another girl, Michelle, with a clear glass vial containing a white powder. Ginger also stated that the two girls placed the powder on the tips of their fingers and sniffed it. One of the girls then offered the powder to Ginger, but she refused it. Ellington asked Ginger if she had any problems with the girls, and was satisfied there was no animosity between them to provide Ginger with an ulterior motive for reporting the incident.

Ellington then spoke with Williams’ typing instructor, Brenda Cobb, in whose class the alleged drug use occurred. When asked if she had noticed anything peculiar during class on the day of the purported drug use, Cobb indicated that Michelle’s behavior was strange. Cobb approached Michelle, who told the teacher she had the “flu.” Ellington then relayed Ginger’s report to Cobb, prompting her to remember an incident involving Williams the previous semester. During the first semester, Cobb found a typed note under Williams’ desk in which she had referred to parties involving her friends and the use of the “rich man’s drug.” When Cobb questioned Williams about the letter, the student passed it off as a joke, and a few months later when Cobb seemed satisfied that there was not a problem, she threw the letter in the trash.

During the next few days, Ellington also spoke with Mary Jean Young, Williams’ aunt and school guidance counselor, and Michelle’s father, so that both families would be apprised of the situation. Michelle’s father expressed concern that Michelle might be using drugs and disclosed that Michelle had recently stolen $200.00 from his bureau drawer.

Also during this same week, Michelle came to Ellington and reported that another student, Kim, and Kim’s boyfriend, Steve, were inhaling a substance called “rush.” “Rush” is a volatile substance that can be purchased over the counter, and while possession of “rush” is legal, inhalation of it is illegal under Kentucky law. 1 Ky.Rev.Stat. 217.900. Coincidentally, Kim and Steve also came to Ellington and insisted that it was not them, but other students, who were using the substance. Following these reports, Ellington questioned the motives of these students in coming forward and the validity of the information.

*883 On Friday of this same week, January 22, Ginger stopped in to see Ellington during her fifth period geometry class to report “those girls are at it again,” or words to that effect, and indicated she had observed the two girls with the white powdery substance again. Ellington sent Ginger back to class and decided to act on the information before the end of fifth period. Ellington contacted Assistant Principal Maxine Easley and apprised her of the week’s events. Ellington and Easley then went to the geometry class and called Williams and Michelle out into the hall. Although Ellington observed that neither student appeared disoriented or intoxicated, the two girls were taken to the administrative offices. After escorting the girls into his office and confronting them with his suspicions, Michelle produced a small brown vial from her purse that contained “rush.” Michelle claimed the vial belonged to Kim, and although both girls denied possession of any drugs, Ellington wanted to search the girls’ lockers because the brown vial did not match the description given by Ginger.

At that time, Assistant Principal Donald Jones, who was also aware of the week’s events, went to search Williams’ assigned locker. No drugs were found in this locker, nor in the locker Williams had been using to store her personal items. Likewise a search of Williams’ books and purse conducted by Assistant Principal Easley produced no evidence of drugs. Finally, Ellington asked Easley to take Williams into her office and search her person, in the presence of a female secretary. 2 Inside Easley’s office, Williams was asked to empty her pockets which she promptly did. Easley then asked the girl to remove her T-shirt. Although she hesitated and appeared nervous, Williams complied after Easley repeated the request. Williams was then required to lower her blue jeans to her knees. In her deposition, Williams testified that Easley pulled on the elastic of her undergarments to see if anything would fall out, but Easley disputes this contention. The district court concluded this factual discrepancy was not material for summary judgment purposes, and as troubling as that conclusion may be, the veritable inconsistency need not be addressed in light of the rationale set forth below. Finally, Williams was told to remove her shoes and socks. Easley found no evidence of drugs as a result of this search.

William Hardy Williams, Appellant’s father, lodged a complaint regarding the incident with the Graves County School Board of Education. The Board, in ratifying the conduct in question, believed there existed reasonable suspicion under the search and seizure policy to justify the actions of Defendants Ellington, Jones and Easley. Angela Williams, by her father and next friend William Hardy Williams, then instituted the present suit, pursuant to 42 U.S.C. § 1983, seeking damages and injunc-tive and declaratory relief.

Williams filed a motion for summary judgment; the district court ruled in favor of Defendants, and determined that Williams had not established the search was unconstitutional as a matter of law.

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936 F.2d 881, 1991 U.S. App. LEXIS 13080, 1991 WL 107794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angela-lee-williams-a-minor-by-her-father-and-next-friend-william-hardy-ca6-1991.