TRI In The News
Parents of Boy Who was Strip-Searched at Sampson County School Sue School System
From Fay Observer
Original article available here
The Sampson County School District Board of Education has been named in a lawsuit filed on behalf of the parents of a 10-year-old boy who was strip-searched by his school's assistant principal last school year.
The suit was filed on Dec. 6 by Clarinda and Lionel Shawn Cox, the parents of Justin Cox, who was searched for money June 1 by former Union Elementary School Assistant Principal Teresa Holmes.
The document was filed in the United States District Court for the Eastern District of North Carolina.
The 11-page complaint lists four claims against the school board and Holmes.
Those claims include a violation of federal and state rights protecting people from "unreasonable searches and seizures," battery and invasion of privacy.
School officials, including Superintendent Ethan Lenker, board of education representatives nor Holmes could not be reached Tuesday for comment.
Justin, who was a fifth-grader on June 1 at Union Elementary, was taken aside by Holmes and told to strip to his underwear so she could search for $20 reported missing in the school's cafeteria.
Justin, according to the lawsuit, had been pulled aside by Holmes after a female student dropped money on the floor of the cafeteria.
Clarinda Cox had previously said her son went under the table, picked up the coins and returned them to the rightful owner.
The parents could not be reached for comment Tuesday.
However, according to court documents, it was alleged that Justin kept some of the money that fell.
Holmes took Justin into her office and called for a male school custodian to meet them there, according to the lawsuit.
Clarinda Cox told The Fayetteville Observer in June that her son told Holmes on two occasions that he did not have any money and pulled out his pants pockets to show her.
Holmes told Justin she had the authority to search him, according to court documents.
Justin then removed his shoes, socks, pants and shirt, according to court documents, and Holmes "put her fingers inside the waistband of (Justin's) undershorts and ran her fingers around the waistband."
After the search, and no money was found on Justin, another teacher went to Holmes' office and said the money was found on the floor of the cafeteria, court records show.
The Rutherford Institute, based in Charlottesville, Va., said a lawyer associated with the case filed the suit on behalf of the parents.
According to court documents, The Cox family is represented by Deborah Meyer, a Cary lawyer. No attorney information was listed for either Holmes or the school board.
"Such outrageous conduct by schools officials not only dehumanizes students, but it also deprives them of the fundamental right of privacy under our Constitution," said John W. Whitehead, president of Rutherford Institute, in a news release. "These types of searches clearly illustrate the danger inherent in giving school administrators carte blanche authority to violate the civil liberties and privacy rights of students."
Initially, after the incident, Susan Warren, a spokeswoman for the Sampson County Schools, said Holmes was within her legal rights to search the youngster, but she did describe the search as "a little overzealous."
However, about a week later, Warren said a policy regarding searches within the school district was not followed by Holmes. She declined to explain the policy at that time.
Holmes no longer works at Union Elementary School, and Warren said the educator had filed retirement documents before the incident.
Warren said that paperwork was filed May 25, and her retirement was effective June 13.
