Hsu

Bravo Ex Rel. Ramirez v. Hsu

Good Law
404 F. Supp. 2d 1195·2005 WL 3418288·2005 U.S. Dist. LEXIS 38799
United States District Court, Central District of CaliforniaNovember 18, 2005SACV 03-535 CJC MANCalifornia4,840 words

Opinion

Opinion

Carney, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

This action involves the search and detention of Jennyfer Bravo, an eighth grade student at Sierra Vista Middle School (“Sierra Vista”). Jennyfer and her mother, Martha Ramirez, contend that Jennyfer’s Fourth Amendment rights were violated when the Sierra Vista officials searched Jennyfer’s backpack, pockets and shoes for illegal drugs, and then detained her in the principal’s office for a few hours until her mother arrived at the school. Although school officials ultimately found no illegal drugs in Jennyfer’s possession, they concluded after questioning her and other students that Jennyfer had possessed illegal drugs earlier in the day. The school officials now seek summary judgment on Jennyfer’s claims, contending that they are entitled to qualified immunity because the search and detention of Jennyfer was reasonable under the circumstances. The Court agrees with the school officials and, accordingly, enters summary judgment in their favor.

II. BACKGROUND

On November 1, 2001, Sierra Vista Restroom Attendant Bonnie Minjares told Assistant Principal Steven Behar that she had cleared the 8th grade girls’…

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