Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
LOUISVILLE - A lawsuit against Hardin County Schools and the city of Vine Grove stemming from a 2007 search of Brown Street Alternative Education Center students was dismissed Wednesday after a settlement was reached by parties involved the day before.
The suit, filed by former Brown Street student Nicole Pendleton, claimed a September 2007 "strip search" of a bus load of students was unwarranted and violated civil rights and state laws regarding assault, false imprisonment and invasion of privacy.
Pendleton said school and city police employees forced her and more than a dozen other students to partially disrobe so authorities could feel around brassieres, pant legs and waistlines for contraband. No contraband was found, according to the complaint or depositions of any party to the case.
On the Tuesday prior to the settlement, U.S. District Court Judge Jennifer B. Coffman dismissed federal claims of Pendleton's civil rights being violated and claims against individuals participating in, or supervising those involved with, the search as part of her answer to motions for summary judgments.
Coffman allowed Pendleton's pursuit of some of the state-law claims including negligence, assault, emotional distress, false imprisonment and invasion of privacy, according to her opinion.
The settlement was reached immediately after Coffman's order and memorandum opinion to the motions for summary judgment. A report on the settlement conference, sent to Coffman by Magistrate Judge David Whelan, included no details about the sum of money involved in the settlement.
Pendleton's attorney, Roger Rigney, would not comment on the case, saying any comment might give readers the impression that he was boasting on the settlement.
Vine Grove City Attorney Jason Bell said the settlement was agreed to for economic reasons.
"We don't think for no instant that any police officer did anything wrong," Bell said. "It was done out of our desire for peace and to eliminate further costs that could be involved. This is the kind of case that could be appealed and appealed."
Bell said the settlement was not a large sum of money and defended the search, citing school safety.
"Our big concern is school safety," Bell said. "That's the reason for this or any other search at school."
Depositions of former Police Chief Dale Riggs and Principal Joe Welch reflected confusion as to why the search ever was conducted.
Riggs, in his deposition said students were being searched for marijuana, but Welch, in his deposition, said he didn't know why the search was performed.
Either way, Bell said no defendants to the suit admit wrongdoing or acting irresponsibly.
"That was a condition of the suit - that we do not accept any liability or admit any wrongdoing," Bell said.
Dana Collins, attorney for Hardin County Schools, echoed Bell's statements and explained that the school system was wiling to pay out to bring "finality to the case."
"We felt good about the opinion and we think it would have been upheld if appealed," Collins explained.
The cost of a settlement was minimal compared to the cost of continued defense in the event of an appeal, Collins explained.
HCS Superintendent Nannette Johnston was out of town Friday and unavailable for comment, according to HCS spokesman Dick Thornton.
Vine Grove Police Chief Steve Manning said police department policies have not changed as a result of Pendleton's complaint. No officers were disciplined because of the search.
Pendleton's case was filed in the midst of a rash of other search-related lawsuits against jails, schools and businesses, including a high-profile strip search case involving the Mount Washington McDonald's which stemmed from a hoax phone call.
Thornton said school officials may be available for comment after the Labor Day holiday.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: News-Enterprise, The (Elizabethtown, KY)
Copyright: 2009 News-Enterprise
Contact: wwheat@thenewsenterprise.com
Website: The News-Enterprise - News, Sports, Entertainment and information for Elizabethtown and Hardin County, Kentucky
Author: Bob White
The suit, filed by former Brown Street student Nicole Pendleton, claimed a September 2007 "strip search" of a bus load of students was unwarranted and violated civil rights and state laws regarding assault, false imprisonment and invasion of privacy.
Pendleton said school and city police employees forced her and more than a dozen other students to partially disrobe so authorities could feel around brassieres, pant legs and waistlines for contraband. No contraband was found, according to the complaint or depositions of any party to the case.
On the Tuesday prior to the settlement, U.S. District Court Judge Jennifer B. Coffman dismissed federal claims of Pendleton's civil rights being violated and claims against individuals participating in, or supervising those involved with, the search as part of her answer to motions for summary judgments.
Coffman allowed Pendleton's pursuit of some of the state-law claims including negligence, assault, emotional distress, false imprisonment and invasion of privacy, according to her opinion.
The settlement was reached immediately after Coffman's order and memorandum opinion to the motions for summary judgment. A report on the settlement conference, sent to Coffman by Magistrate Judge David Whelan, included no details about the sum of money involved in the settlement.
Pendleton's attorney, Roger Rigney, would not comment on the case, saying any comment might give readers the impression that he was boasting on the settlement.
Vine Grove City Attorney Jason Bell said the settlement was agreed to for economic reasons.
"We don't think for no instant that any police officer did anything wrong," Bell said. "It was done out of our desire for peace and to eliminate further costs that could be involved. This is the kind of case that could be appealed and appealed."
Bell said the settlement was not a large sum of money and defended the search, citing school safety.
"Our big concern is school safety," Bell said. "That's the reason for this or any other search at school."
Depositions of former Police Chief Dale Riggs and Principal Joe Welch reflected confusion as to why the search ever was conducted.
Riggs, in his deposition said students were being searched for marijuana, but Welch, in his deposition, said he didn't know why the search was performed.
Either way, Bell said no defendants to the suit admit wrongdoing or acting irresponsibly.
"That was a condition of the suit - that we do not accept any liability or admit any wrongdoing," Bell said.
Dana Collins, attorney for Hardin County Schools, echoed Bell's statements and explained that the school system was wiling to pay out to bring "finality to the case."
"We felt good about the opinion and we think it would have been upheld if appealed," Collins explained.
The cost of a settlement was minimal compared to the cost of continued defense in the event of an appeal, Collins explained.
HCS Superintendent Nannette Johnston was out of town Friday and unavailable for comment, according to HCS spokesman Dick Thornton.
Vine Grove Police Chief Steve Manning said police department policies have not changed as a result of Pendleton's complaint. No officers were disciplined because of the search.
Pendleton's case was filed in the midst of a rash of other search-related lawsuits against jails, schools and businesses, including a high-profile strip search case involving the Mount Washington McDonald's which stemmed from a hoax phone call.
Thornton said school officials may be available for comment after the Labor Day holiday.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: News-Enterprise, The (Elizabethtown, KY)
Copyright: 2009 News-Enterprise
Contact: wwheat@thenewsenterprise.com
Website: The News-Enterprise - News, Sports, Entertainment and information for Elizabethtown and Hardin County, Kentucky
Author: Bob White
