Redding

Redding v. Safford Unified School District 1

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 21, 200705-15759California6,559 words

Opinion

Opinion

I. Background

A few years ago, Safford Middle School in Safford, Ari- zona, adopted a policy prohibiting the “nonmedical use, pos- session, or sale of drugs on school property or at school events.” The term “drugs” is defined by the policy as includ- ing, but not limited to: (1) “[a]ll dangerous controlled sub- stances prohibited by law,” (2) “[a]ll alcoholic beverages,” and (3) “[a]ny prescription or over-the-counter drug, except those for which permission to use in school has been grant- 12858 REDDING v. SAFFORD USD #1 ed.” Although it is not entirely clear from the record, it appears that the school implemented this policy in response to a prior incident, in which a student brought a prescription drug to school and distributed it to classmates, one of whom became seriously ill and was hospitalized.

On August 22, 2003, Safford Middle School held a dance to commemorate the beginning of a new school year. During the dance, several staff members from the school noticed “un- usually rowdy behavior” from a small group of students, including Redding, who was then thirteen years old and enter- ing eighth grade, and her friend Marissa. The staff members also detected…

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