JW v. Desoto County School District
United States District Court for the Northern District of Mississippi
2010 U.S. Dist. LEXIS 116328 (2010)
- Written by Daniel Clark, JD
Facts
RW (plaintiff), a seventh grader, opened his phone during class, in violation of school policy, to check a text message from his father. A teacher (defendant) saw RW do so and confiscated the phone. In the principal’s office, the teacher, the principal (defendant), and a police sergeant (defendant) went through photos stored on the phone. One photo, taken at RW’s home, showed another student holding a BB gun. The district used this photo as the basis for expelling RW, pursuant to a disciplinary rule against displaying accessories associated with a gang on school property. RW sued under 42 U.S.C. § 1983, claiming that the search of his cell phone violated his rights under the Fourth Amendment to the United States Constitution.
Rule of Law
Issue
Holding and Reasoning (Mills, C.J.)
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