SURING, WI (WTAQ-WLUK) – There still could be legal trouble ahead for Suring Public Schools after authorities say students were stripped to their underwear in searches for vaping devices.
Madison civil rights attorney Jeff Olson says most of the families involved in the searches have retained his services.
That happened even before District Attorney Edward Burke’s announcement on Tuesday that criminal charges would not be filed against school officials.
While a criminal violation might not have occurred when Suring school officials had students strip to their underwear last month, Olson believes there was a civil rights violation.
“There is really almost no relation between the two,” said Olson.
Burke says Suring superintendent Kelly Casper and a female school nurse visually searched six female students for vaping devices.
State law defines a strip search as having private parts uncovered for the person conducting the search to view or touch.
Burke says the Suring searches didn’t meet those criteria, so criminal charges will not be issued.
“That is of little concern when you start thinking about a civil damages remedy because we’re not dealing with that state statute,” said Olson. “We’re dealing with the Fourth Amendment to the United States Constitution.”
The Fourth Amendment prohibits government from engaging in unreasonable searches.
Olson tells FOX 11 the US Supreme Court has ruled intrusive searches of high school students is unreasonable.
“To my way of thinking, it’s hard to justify an intrusive search for an e-cigarette that you have already found.”
Olson says in his 40 years of practicing law, he’s never heard of school officials having students strip down to their underwear.
Barring anything unforeseen in sheriff or school records, Olson says he’ll be reaching out to Suring school attorneys about a prelitigation settlement. If nothing is reached, he said a federal lawsuit is likely.
Suring’s superintendent has not replied to FOX 11’s messages for an interview.
The Department of Public Instruction’s communication officer said he isn’t aware of any type of training for the type of searches conducted in Suring.
The Suring School Board is expected to discuss the strip search controversy at a March 2nd meeting,
