Monday, June 17, 2013

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Merrill Middle School boy claims female principal strip searched him
Posted: 06.28.2011 at 4:03 PM
Updated: 06.29.2011 at 1:45 PM
6

In cases where a student is accused of stealing, what is the best way for schools to handle the situation?

Chris Garno, a principal at Merrill Schools, is accused of strip searching a student.  / Merrill Schools website photo
Photo

MERRILL -- A local family says their male child was strip-searched by his female principal who was looking for stolen items.The family has filed a lawsuit saying the school was out of line, but the school says it did nothing wrong.

The school says the student got into a locker room and stole items, including an MP3 player at a volleyball game last October .

The 12-year-old boy then claims the principal took him into a private room, and made him remove his clothing exposing his genitals as she searched for the stolen item.

NBC25 spoke with the one of the student's guardians who says the student is guilty of taking an MP3 player, but that the school went about getting it back the wrong way. The guardian says the school should have called the guardians, had them come to the school, and then had them get the property from him. They have now filed a lawsuit against the school.

The family's attorney, James Hession, describes the incident. He tells NBC25,  "When my client was subjected to the illegal search the actor was who of an opposite sex was alone with my client in a room."

Several people who live near the school are supporting the principal. "I believe the school went by the book. They have got to keep law and order over here in a small village," says Ernesto Trivino, who lives two blocks from the school.

However, the lawsuit says the school singled the student out because he's black.

The school says the allegations are untrue. A school worker says no strip-search actually happened and that the school followed its policy.

The American Civil Liberties Union says if a strip-search happened it was unconstitutional.

"It's only justifiable if the school authorities can demonstrate that school safety is a concern. In other words, the student has some kind of weapon in their possession," says Greg Gibbs from the Flint ACLU.

The family is asking for at least $50,000 in damages. Those living near the school say it's mysterious why the family would file a lawsuit eight months after the incident.

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