NASW Commends Ninth Circuit Court of Appeals Decision Holding the Strip Search of a Minor Child Unconstitutional

Washington—On July 11, the Ninth Circuit Court of Appeals, issued a 6-5 decision, holding that the strip search of a thirteen year old female middle school student for ibuprofen was unconstitutional, sitting en banc.  This ruling thereby allows the student to bring suit against the school officials in charge of administering the unconstitutional strip search and vacated a prior decision rendered by a three-judge panel of the Ninth Circuit Court of Appeals.

The National Association of Social Workers (NASW) and its Arizona Chapter filed an amicus curiae brief in Redding v. Safford Unified School District, arguing that strip searches are inherently intrusive searches that can cause trauma and harm, especially to developing and self-conscious adolescents.  NASW further asserted the importance of distinguishing children as developmentally unique from adults and the necessity of treating children differently in response to these particular sensitivities.  The court noted its sensitivity to the psychological implications of conducting strip searches on children, stating that when these types of searches are conducted , “[t]he overzealousness of school administrators in efforts to protect students has the tragic impact of traumatizing those they claim to serve.”

The Ninth Circuit held that since there was no reliable or corroborating evidence to support a search of the student, the strip search was neither justified at its inception, nor reasonably related in scope to the circumstances.  Moreover, in holding the scope of the search to be unreasonable, the court pointed out the concerns cited in NASW’s brief to support the observation that “psychological trauma is intrinsic to a strip search “ and  that these concerns are “are magnified when strip searches are performed on school children.”

NASW Executive Director Elizabeth J. Clark, PhD, ACSW, MPH, noted, “We are pleased that the Ninth Circuit Court of Appeals honored the Supreme Court precedent on the search and seizure of students and correctly found that the strip search in this instance is unconstitutional.  Children should not be subjected to the emotional trauma inherent in strip searches, absent compelling circumstances.”

Professional social workers provide treatment and advocacy to children and adolescents, and NASW has long advocated for the intrinsic physical and emotional distinctions between children and adults to be recognized through every phase of society.  NASW’s brief was prepared by the pro bono legal team of David A. Handzo, Julie M. Carpenter, and Michael A. Hoffman of Jenner & Block LLP in Washington, DC.

About the National Association of Social Workers
NASW is the largest association of social workers in the world, with nearly 150,000 members in 56 chapters throughout the United States and abroad. It promotes, develops, and protects the practice of social work and social workers.  NASW also seeks to enhance the well-being of individuals, families, and communities through its advocacy.