Klump v. Nazareth Area School District
United States District Court for the Eastern District of Pennsylvania
425 F. Supp. 2d 622 (2006)
- Written by Daniel Clark, JD
Facts
Christopher Klump (plaintiff) was a student at a public school that had a policy against students displaying or using cell phones. Shawn Kimberly Kocher (defendant), a teacher at the school, saw Klump’s cell phone, confiscated it, and brought it to the assistant principal, Margaret Grube (defendant). Kocher and Grube, in an effort to detect other students who may have been using cell phones at school, accessed Klump’s phone’s directory, Klump’s voicemails, and Klump’s text messages. On Klump’s phone, Kocher and Grube called nine other students and messaged Klump’s younger brother. While in possession of the phone, Kocher and Grube also saw a text message from Klump’s girlfriend requesting a tampon, which Grube interpreted to be slang for a marijuana cigarette. Klump brought an action for damages pursuant to 42 U.S.C. § 1983 against Kocher, Grube, and the school district (defendant), alleging, in part, violations of his Fourth Amendment right not to be subjected to an unreasonable search. The case was removed to federal court, where Kocher and Grube filed a motion to dismiss, arguing that they enjoyed qualified immunity.
Rule of Law
Issue
Holding and Reasoning (Gardner, J.)
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