An expelled student in St. Tammany Parish, Louisiana, sued a whole slew of people in the school district, alleging violations of the U.S. Constitution in the way his expulsion was handled. The decision by the federal court in favor of the district is a good reminder of how the law on student discipline differs from criminal law. Lawyers who represent students in school disciplinary matters would be wise to remember that.
For example, in this case the student alleged that he was interrogated without being given the familiar Miranda warnings that we see on TV all the time (“You have the right to remain silent….”). The court found fault with this argument in three ways. First, the student provided no legal authority to establish that school administrators are required to give Miranda warnings. Second, failure to give these warnings, in and of itself, is not a constitutional violation. You have to also show that statements of the accused were then used against him or her in a criminal case. Third, even if the court considered this to be a legal violation, the law on it was certainly not “clearly established” at the time, and so the school administrators were entitled to qualified immunity from the suit.
The student also complained that a parish deputy was involved in the interrogation of him and the search of his cell phone. His attorney argued that the involvement of the cops meant that there should be a tougher standard than the “reasonable suspicion” standard generally used in searches by school officials. The court noted that the 5th Circuit has not specifically addressed this issue. However, the 8th Circuit has considered the issue, and concluded that the “reasonable suspicion” standard still applies. This court agreed with the 8th Circuit, and thus found nothing wrong with the search. School administrators had been tipped off by another student about a drug deal. This provided “reasonable suspicion.” The 8th Circuit case is Shade v. City of Farmington, 309 F.3d 1054 (8th Cir. 2002).
This case is Decossas v. St. Tammany Parish School Board, decided by the federal court for the Eastern District of Louisiana on September 8, 2017. We found it at 2017 WL 3971248.
DAWG BONE: LAWYERS WHO DO CRIMINAL LAW AND TAKE ON THE OCCASIONAL SCHOOL DISCIPLINE CASE SHOULD READ THIS CASE AND LEARN FROM IT.
Tomorrow: How far can you take your case about your cheerleader daughter?