The since-graduated female, who is identified in court documents only as Jane Doe, filed action Thursday in U. District Court, Syracuse, against the district, its Board of Education, Superintendent Robert N. Luther approached Miss Doe in a hall and asked her to “go for a walk with him,” taking her to the main office without further explanation. The door to the office was closed and the lawsuit claims that statements and actions by school staff “made it clear to Jane she was not free to leave” Mr. At that point, Miss Doe was told that she had been accused by three other students of possessing drugs. Bird then took Miss Doe across the hall to the nurse’s office, ordering her to leave her backpack in Mr. Luther allegedly admitted searching it outside of Miss Doe’s presence. Luther told Miss Doe to “stop having your name associated with people with drugs,” or words to that effect, according to the suit.
Finster, middle/high school Principal Eric Luther, elementary school Principal Amy Bird and a school nurse, Kelly Avallone. Upon arrival, she saw two state troopers “standing conspicuously” near the office entrance. She asked which students made the accusations, but Mr. She denied having drugs and offered her backpack to Mr. When Miss Doe asked for more information about her accusers, he allegedly refused to provide any information and repeated his admonition about associating with people with drugs. Luther, Miss Doe was given bus transportation to BOCES to join class she was missing.
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Luther and said she would consent to its search in her presence. Luther allegedly declined, instead stating, “Okay, I’m going to get you a spare change of clothes and you’re going to change into them, because we’re going to search your clothes.” Mr. Luther then left the office and when they returned, Mr. She was not offered counseling “or any other form of emotional support after her ordeal,” the complaint states, and left school early that day, subsequently missing several more days of school “due to her ongoing emotional distress resulting from this incident.”The suit claims that Miss Doe’s constitutional rights against unreasonable search were violated and that she was held against her will.
Miss Doe was allegedly told she would undergo a “strip search.” After she was completely nude, all of her clothes were inspected, with no drugs found. The examination in the nurse’s office lasted about an hour and 20 minutes.
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The suit, among other things, also seeks to hold the district liable for failing to failing to properly train administrators, nurses and other school officials regarding correct methods for responding to suspicions that a student possessed drugs or other contraband. Court documents do not show an attorney representing the district.
The suit does not specify an amount being sought in damages. Di Benedetto, Syracuse, declined additional comment on the complaint. Thousands of readers like you have made Northern New York Newspapers the number one ranked website* for local news and sports coverage in the north country.