DETROIT (WXYZ) — A lawsuit was filed Wednesday in Wayne County following an alleged incident involving a student being strip-searched by school staff members because they believed the student was in possession of a vape pen.
In the lawsuit, lawyers accuse the school and its employees of violating the student's 4th Amendment Rights.
“It has long been said that students do not shed their constitutional rights at the schoolhouse door," attorney Hannah Fielstra said in a statement.
“The school had no justifiable reason to strip search an eighth-grade girl for a vape pen. It is not a weapon and did not present an imminent danger to anyone. There were no credible threats of violence. A strip search is one of the most invasive searches recognized by law and it was performed on a teenage girl during school. The circumstances of this strip search were not only humiliating, but her constitutional rights were violated. The school went too far.”
Ernst Law Firm, PLC filed the lawsuit against George Crockett Academy in Detroit. The law firm says an eighth-grade female student was reportedly strip-searched down to her underwear by two female school staff members looking for a vape pen.
The lawsuit alleges school staff was informed by another student that the girl had a vape pen in her underwear. Lawyers say that the student allegedly had "animosity" toward the eighth-grader.
Lawyers also say the principal authorized a counselor and a coach to conduct the search without contacting the girl's guardian and authorized a search of her locker, backpack, pockets and classroom.
The lawsuit alleges the strip search took place during school hours in the principal's office.
The student, lawyers say, was directed by school staff to remove her shirt and pants, lift up her bra and fold down the top of her underwear.
The lawsuit said an object was visible and the student was asked what she had in her underwear. It says staff were told it was a menstrual pad. , was informed that the object was a menstrual pad.
According to the suit, one of the staff members said she believed the student and the search stopped.
The student was reportedly not disciplined and then told to return to class, and the student who made the accusations was also not disciplined, according to lawyers.
Attorneys say a vape pen was never found.
According to the lawsuit, the girl's parent reportedly contacted the school, and they say the principal initially denied the search happened, but later said the girl voluntarily removed her clothes.
Detroit police say they are currently investigating.
7 Action News has reached out to the school for comment but has yet to hear back.
