Littell v. Houston Independent School District

213 F. Supp. 3d 849, 2016 U.S. Dist. LEXIS 136457, 2016 WL 5661702
CourtDistrict Court, S.D. Texas
DecidedSeptember 30, 2016
DocketCIVIL ACTION NO. 4:14-CV-03369
StatusPublished

This text of 213 F. Supp. 3d 849 (Littell v. Houston Independent School District) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Littell v. Houston Independent School District, 213 F. Supp. 3d 849, 2016 U.S. Dist. LEXIS 136457, 2016 WL 5661702 (S.D. Tex. 2016).

Opinion

OPINION AND ORDER

MELINDA HARMON, UNITED STATES DISTRICT JUDGE

Pending before the Court is Defendant Houston Independent School District’s (“HISD”) Motion to Dismiss Plaintiffs’ First Amended Complaint (“Motion to Dismiss”). Doc. 13. Having considered the motion, the response, the facts in the record, and the applicable law, the Court grants the motion and denies Plaintiffs’ request for additional time to re-plead.

I. Background

Plaintiffs allege that their twelve-year-old daughters, I.L. and A.B., were subjected to an illegal strip search by a school nurse at Lanier Middle School in Houston, Texas on December 3, 2012. Doc. 12 at ¶ 27. According to Plaintiffs, when another student’s money went missing during I.L. and A.B.’s choir class—and after an initial search of the students’ belongings failed to reveal the missing money—the girls were led to a private bathroom where they were strip searched by the school nurse on Administrator Verlinda Higgins’s (“Higgins”) orders. Id. at 14-17. During this search, the girls were checked around the waistband of their panties and under their shirts. Id. at ¶ 19. They also had to loosen their bras and lift their shirts, which exposed them from the shoulder to the waist. Id. In total, twenty-two young girls were strip searched that day. Id. at ¶ 20.

Plaintiffs allege that this search was conducted in accordance with official HISD custom or policy with respect to student searches. Id. at ¶ 28. In their First Amended Complaint, Plaintiffs specifically state that “HISD has had a policy of student searches in effect for approximately [fifteen] years.” Id. at ¶7. Plaintiffs attach multiple documents outlining this policy to the First Amended Complaint. Docs. 12-1-3. One of these, the 2012-2013 Code of Student Conduct, states: “Students are entitled to the guarantees of the Fourth Amendment of the U.S. Constitution, and they are subject to reasonable searches and seizures.” Doc. 12 at ¶ 9 (quoting Doe. 12-2 at 3). In providing guidance on what that means, the Code further explains: “School officials are empowered to conduct reasonable searches of students and school property when there is reasonable cause to believe that students may be in possession of drugs, weapons, alcohol, or other materials (“contraband”) in violation of school policy or state law.” Id. Plaintiffs argue that Higgins violated this policy because she had no reasonable cause to believe that any of the students were in possession of contraband at the time of the search in this case, making this search unjustified at its inception. Doc 12 at ¶ 21.

Plaintiffs also attach documents outlining instructions to HISD employees with respect to the appropriate procedure to conduct a search of a student’s person. Doc. 12-1 at 10. These instructions explain that:

The student should ordinarily be required to be present and asked to consent to the search. If after being informed of the basis for the school [853]*853official’s reason to conduct a search, the student does not consent and the circumstances permit, the student’s parent or guardian should be called and informed of the circumstances. If the parent or guardian will not consent to the search, the school official may proceed with the search, contact the HISD Police Department, or if necessary call law enforcement authorities. Ordinarily, and if circumstances permit, the search of a person or his or her effects should be conducted out of the presence of other students.

Id.1 Plaintiffs complain that in contravention of these instructions, no other adults were present during the search and that the girls’ parents were not notified even though several of the girls stated that they did not want to participate in the search and asked that their parents be called. Id. at ¶ 18. In particular, A.B. allegedly asked to call her mother but was denied. Id. According to Plaintiffs, HISD has no other stated procedures on how to conduct the search of a student’s person. Id. at ¶ 24.

Despite the existence of a student-search policy and instructions, Plaintiffs allege that HISD employees receive no training on what a reasonable search is or on how to properly conduct a search. Doc. 12 at ¶ 11. According to Plaintiffs, “[i]t is this lack of training, coupled with vague, undefined policies that facilitated the unreasonable strip search of twenty-two children at Lanier Middle School on December 3, 2012.” Id. In support of their contention that HISD actual practice and official policy are inconsistent, Plaintiffs allege that Higgins was issued a “Directive to Follow Policies and Procedures,” Id. at ¶ 22, which they attach to the First Amended Complaint. Doc. 12-3 at 1. This directive was issued on December 6, 2012, three days after the incident in question. See id. Pursuant to this directive, Plaintiffs argue that Higgins was specifically instructed to visit Page 4 of the School District’s Student Code of Conduct for “policy and procedures concerning school officials and reasonable search of students.” Doc. 12 at ¶ 22. Higgins was further instructed to notify the Principal, Linda Smith, before proceeding with any future searches and if the Principal was not available, to contact the Middle School Office for permission to proceed. Id. According to Plaintiffs, these instructions conflict with the district’s stated search policy. Id. at ¶ 23.

Finally, Plaintiffs allege that, because the strip search caused a substantial invasion of their privacy, personal security, and dignity, I.L. and A.B. suffered and continue to suffer significant emotional harm, embarrassment, stress, pain, and suffering. Id. at ¶ 25. As a result, Plaintiffs seek compensatory damages for pain, suffering, emotional distress, and embarrassment under 42 U.S.C. § 1983 and Article I, § 9 of the Texas Constitution. Id. at ¶ 36.

On February 2, 2015, Defendant filed its first motion to dismiss in this case. Doc. 5. In an Opinion and Order dated September 30, 2015, this Court granted Defendant’s motion because Plaintiffs failed to explain how HISD’s policy facilitated unreasonable searches and omitted facts relating to HISD’s actual training program describing what training HISD provided or failed to provide, whether in the form of standard operating procedures or longstanding practices. Doc. 11 at 6. Plaintiffs were granted twenty days from the date of entry of the Opinion and Order to file an amended complaint. Id. at 7. Plaintiffs [854]*854were also instructed to allege facts that, if proved true, would establish that HISD’s deliberate indifference to the failure to train school employees in the Fourth Amendment rights of the students in then-care actually caused the violations of those Fourth Amendment rights. Id. at 6. Furthermore, this Court granted Defendant’s motion to dismiss the Original Complaint as to Plaintiffs’ Art. I, § 9 Texas constitutional claim because Plaintiffs did not allege facts for which injunctive relief would be proper. Id. at 7. Plaintiffs also had twenty days to cure this deficiency by stating a claim for injunctive relief. Id.

II. Legal Standard

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Cite This Page — Counsel Stack

Bluebook (online)
213 F. Supp. 3d 849, 2016 U.S. Dist. LEXIS 136457, 2016 WL 5661702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/littell-v-houston-independent-school-district-txsd-2016.