POLICE DENY FAULT IN SUIT OVER SCHOOL DRUG RAID

Meanwhile, Goose Creek Controversy Leads School Board To Change Search Policies

CHARLESTON - Goose Creek police acted in their official capacity and did
not violate student constitutional rights during a Stratford High drug
sweep, in which officers with guns drawn ordered students to the floor,
according a response to a federal lawsuit.

Meanwhile, the Berkeley County School Board on Tuesday gave initial
approval to changes in how student searches are handled.

The 13-page response to the lawsuit was filed this week.

"Chief Harvey Becker was engaged in the performance of his official duties
and at no time did he violate any clearly established constitutional rights
of the plaintiffs, which were known or should have been known to him," read
the response..

The filing also said the plaintiffs failed to state a cause of legal action
or facts supporting why "the City of Goose Creek Police Department can be
sued or held liable."

Seventeen Stratford students sued in December, alleging police and school
officials terrorized them during the Nov. 5 raid which attracted national
attention.

Later, the American Civil Liberties Union sued on behalf of 20 other
students, alleging violations of constitutional protections against
unlawful search and seizure.

In the days after the raid, videotape of officers with guns drawn and
students on the floor was televised nationwide. Officers found no drugs and
made no arrests during the raid.

In December, the Rev. Jesse Jackson led hundreds through nearby North
Charleston in protest.

The filings this week answered the first suit on behalf of the city of
Goose Creek, its police department and its chief.

Earlier, the Berkeley County School District responded to the suit, saying
the raid violated no constitutional rights. The students who sued are not
entitled to damages because the activities of district personnel "were
justified at inception and reasonable in scope," it said.

The separate response on behalf of the city and its police department cited
a defense of sovereign immunity and, as a first defense, said the students
failed to state a claim for which relief can be granted.

The response also said student claims for punitive damages violate the
double jeopardy clause of the U.S. Constitution "in that the defendant
could be subjected to multiple awards of punitive damages for the same set
of facts."

Among the changes to student searches being considered by the Berkeley
County School Board is a policy saying teachers or administrators should
make "a reasonable attempt to contact" parents before any questioning of
students, it said.

Searches would also be limited in area and conducted only with trained and
reliable dogs, avoiding physical contact between the dogs and students. The
proposed policy would require that searches "be limited in scope" and that
measures used be "reasonably related to the objectives of the search and
not excessively intrusive in light of the age and sex of the person
searched and the nature of the suspected infraction."

As required by state law, school administrators must immediately call
police after noticing that students are doing anything that may injure
themselves, someone else or property.

Otherwise, administrators must confer with the superintendent before
calling police.

After officers are called, they must consult with the superintendent on how
to proceed in a way that will "have a minimally disruptive effect on school
operations and student rights," the policy says.

As of Wednesday, no answers had been filed to the second lawsuit.