News (Media Awareness Project) - US TX: Lockney ISD Set To Appeal Court Ruling |
Title: | US TX: Lockney ISD Set To Appeal Court Ruling |
Published On: | 2001-04-06 |
Source: | Lubbock Avalanche-Journal (TX) |
Fetched On: | 2008-01-26 19:19:37 |
LOCKNEY ISD SET TO APPEAL COURT RULING
The Lockney Independent School District will appeal a ruling which deemed
its mandatory drug policy unconstitutional.
The 5th U.S. Circuit Court of Appeals in New Orleans received the notice of
appeal Thursday.
Larry Tannahill was the only parent who refused to allow his son to be
tested when the district began drug screening students and faculty in
February 2000.
Assisted by the American Civil Liberties Union, Tannahill sued the school
district claiming its policy violated his son's rights under the Fourth and
14th Amendments, which protect against unreasonable searches and seizures.
U.S. District Judge Sam Cummings ruled in Tannahill's favor March 1 and
later denied the district's request for a new decision or new trial.
Harvey Madison, Lubbock representative of the ACLU, said Cummings' ruling
was strong, and he had been uncertain if an appeal would be filed.
The ruling stated in part that the court recognizes the "good faith
efforts" of school districts to win the war on drugs but that with "such an
intrusion also comes a great price to citizens' constitutionally guaranteed
rights to be secure in their 'persons, houses, papers and effects."'
"It's of course frustrating that they insist on spending more taxpayer
money to fight a bad fight," Madison said. "We would benefit if this would
be affirmed by the 5th Circuit because it would broaden the application of
the case law. We're confident that the law and facts are in our favor."
Lee Venness, an attorney who is representing the Lockney district, could
not be reached for comment Thursday afternoon.
The district has claimed a drug problem in Lockney spurred the policy.
The Lockney Independent School District will appeal a ruling which deemed
its mandatory drug policy unconstitutional.
The 5th U.S. Circuit Court of Appeals in New Orleans received the notice of
appeal Thursday.
Larry Tannahill was the only parent who refused to allow his son to be
tested when the district began drug screening students and faculty in
February 2000.
Assisted by the American Civil Liberties Union, Tannahill sued the school
district claiming its policy violated his son's rights under the Fourth and
14th Amendments, which protect against unreasonable searches and seizures.
U.S. District Judge Sam Cummings ruled in Tannahill's favor March 1 and
later denied the district's request for a new decision or new trial.
Harvey Madison, Lubbock representative of the ACLU, said Cummings' ruling
was strong, and he had been uncertain if an appeal would be filed.
The ruling stated in part that the court recognizes the "good faith
efforts" of school districts to win the war on drugs but that with "such an
intrusion also comes a great price to citizens' constitutionally guaranteed
rights to be secure in their 'persons, houses, papers and effects."'
"It's of course frustrating that they insist on spending more taxpayer
money to fight a bad fight," Madison said. "We would benefit if this would
be affirmed by the 5th Circuit because it would broaden the application of
the case law. We're confident that the law and facts are in our favor."
Lee Venness, an attorney who is representing the Lockney district, could
not be reached for comment Thursday afternoon.
The district has claimed a drug problem in Lockney spurred the policy.
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