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For the second time this month, the American Civil Liberties Union of Indiana has filed a lawsuit against Jay County Jr.-Sr. High School officials, alleging that a student was subjected to invasive searches in violation of her Fourth Amendment rights on two separate occasions in front of an administrator and two school nurses.
The case, filed Thursday in the United States District Court of the Northern District of Indiana, is S.H., by her father, legal custodian, and next friend Torry Hernandez v. Bradley Milleman, in his individual capacity; Rebecca Hudson, in her individual capacity; Nancy Snyder, in her individual capacity, 1:24-cv-22.
According to the complaint, on two occasions, Dean of Students Bradley Milleman, with the assistance of a separate school nurse on each occasion, initiated a search of S.H., a sophomore. The search was ostensibly to look for a “vape,” which S.H. did not have.
The searches included S.H. being required to pull up her shirt to show her waistband and being required to pull out and shake the front of her bra, exposing her breasts with Milleman and a nurse present.
During the first search, Milleman touched the back of S.H.’s bra, where the clasp was located.
During the second search, S.H. was required to expose her cleavage before being required to pull out the bottom of her bra, exposing her breasts.
S.H. reasonably believed she had no choice but to comply with all the demands of the adults, according to the complaint.
The complaint further states that at no time did S.H. voluntarily consent to the searches, and she did not have a vape on her person during either search. It alleges a violation of the Fourth Amendment as well as mental and emotional harm to S.H.
S.H.’s lawsuit comes nine days after the ACLU filed a similar complaint alleging another student’s constitutional rights were violated during an incident in which she underwent a body search due to an anonymous tip that she was carrying a gun at school.
In that complaint, K.S., 13, was a seventh-grade student at Jay County Jr.-Sr. High School when she was removed from class by Milleman just before Thanksgiving in 2023.
K.S. was taken to the office of the school nurse, Rebecca Hudson, where she was told that she was going to be searched without an explanation.
With Milleman observing, K.S. was ordered to lift up her pants legs to show her socks and then to lift up her shirt so they could see her waist. She was then ordered to lift up her shirt, place her hands against her breasts under her bra and pull her bra away from her body.
“The fact that this has happened to multiple young girls at Jay County (Jr.-Sr.) High School is extremely disturbing. Being made to expose herself in front of school officials is a nightmare for any young girl, and is certainly a nightmare for any parent,” Torry Hernandez, S.H.’s father, said in a news release. “This is clearly a pattern and there must be consequences.”
S.H. is requesting a jury trial and is seeking damages, including nominal, compensatory and punitive damages, along with attorney fees and all other proper relief.
“The searches being conducted at Jay County Jr. Sr. High School are completely unreasonable and have caused emotional harm to these young girls,” Ken Falk, legal director at the ACLU of Indiana, said in a news release. “Schools are not constitutional dead zones and we are hopeful that the court will hold these school officials accountable.”
Counsel for Milleman, Snyder and Hudson had not been listed at Indiana Lawyer deadline on Monday.
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