Burlison, et al v. Springfield Public Schools, et al

Plaintiffs, on behalf of their son, brought this action under 42 U.S.C. 1983 and the Missouri Constitution, alleging that the district, the superintendent, the principal, and the sheriff violated the son's constitutional rights by briefly separating him from his backpack during a drug dog exercise in his high school. The district court granted summary judgment to the district, its officials, and the sheriff. The court concluded that the brief separation of the son and his belongings was reasonable and did not deprive him of a constitutionally protected right and therefore, the district court properly granted summary judgment to the district and its officials. The court also held that the sheriff was not liable under section 1983 in his individual or official capacity where he did not participate in the drug procedure at the school, there was no evidence that the sheriff failed to train or supervise the deputies who conducted the drug dog surveys, and there was no evidence that the sheriff's office should have believed that its procedures or actions were likely to result in a constitutional violation. Accordingly, the court affirmed the judgment. View "Burlison, et al v. Springfield Public Schools, et al" on Justia Law