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Internet Explorer 11 is no longer supported. The district court denied summary judgment and denied Sliwowski qualified immunity, finding that the visual examination, conducted without consent and in the absence of a medical emergency, was an unreasonable search that violated B. On appeal, we conclude that the law was not clearly established regarding whether a medically motivated examination by a school nurse exposing a student's body constitutes a search subject to the protections of the Fourth Amendment.

At the time of the events at issue, Hearring's daughter, B. On October 27,while at school, B. See R. After Nashvilledavidson porn fun id. Hearring returned the school's call that day and informed the school that B. Two days later, on October 29,B. ID Back placed B. Back called Hearring and left a message. After Sliwowski arrived at the school's campus, she met with Back, who informed Sliwowski of B. Sliwowski then took B. In an effort to assess the student, Sliwowski asked B.

Sliwowski then asked B. Sliwowski did not touch B. Sliwowski also testified that there was no suspicion of child abuse motivating the examination. Hearring alleges that B. Sliwowski, F. Appellee Br. On August 6,Hearring filed a complaint in the U. District Court for the Middle District of Tennessee naming Sliwowski as a defendant in her individual capacity and alleging that Sliwowski's visual examination of B. ID 1. Defendants moved for summary judgment, and Sliwowski argued that she was not liable on the basis of qualified immunity.

The district court denied summary judgment with respect to both defendants, finding that B. See Hearring, F. Sliwowski timely appealed. Hearring's complaint, brought under 42 U. Bomar v. City of Pontiac, F. Jones, U. Forsyth, U. Brannum v. Overton Cnty. Davis, F. Fitzgerald, U. Dep't of Corr. City of Dearborn, F. Harris, U. We have discretion to decide which of these two questions to address first, considering the circumstances of the particular case before us.

Pearson v.

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Callahan, U. Because the constitutional-interpretation question of whether B. Ashcroft v. Accordingly, we will assume that Hearring has alleged a violation of a Fourth Amendment right and address whether that right was clearly established.

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See Waeschle v. Dragovic, F. Bettendorf, F. Creighton, U. Drury, F. Hickman Cnty.

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Ass'n v. Seiter, F. Cupp, F. Brosseau v. Haugen, U. It is well established that the Fourth Amendment's reasonableness requirement applies to searches of students for contraband conducted by school officials. See, e. A well-developed line of precedent discusses under what circumstances investigative searches of students' naked bodies are reasonable under the Fourth Amendment. Redding, U. Acton, U. Pike Cnty. t Vocational Sch. Whitmore Lake Sch. In its decision denying Sliwowski qualified immunity, the district court focused on the severe intrusion into B. Hearring, F.

Raybuck, F. We do not disagree. Nonetheless, a critical factor distinguishes this case from the more typical strip-search cases: namely, it is clear that Sliwowski's visual inspection of B. And what is not obvious from existing authority is whether this kind of medically motivated visual examination constitutes a search subject to the Fourth Amendment standards developed in the strip-search case law.

See Kyllo v.

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United States, U. Maple Grove Twp. Accordingly, we must determine whether it was clearly established that the Fourth Amendment applies to the actions of a school nurse when she attempts to provide medical care to a student. There is no Supreme Court precedent directly answering the question of whether the Fourth Amendment applies to school nurses in their provision of medical care.

This court has not taken a definitive position on whether the Fourth Amendment's protection against unreasonable searches applies to the provision of medical services by government-employed health-care professionals. Edgell, F. Bornemann, F. Jackson v. Schultz, F. These cases imply that there may be some circumstances in which the provision of incompetent medical assistance is not actionable under the After Nashvilledavidson porn fun Amendment. United States v. Attson, F.

Given that there is no direct precedent from this court holding that the Fourth Amendment applies to visual examinations conducted by medical professionals for medical purposes and some precedent indicating that the Fourth Amendment does not apply in such circumstances, we cannot say that it is clearly established under our precedent that the conduct of a school nurse giving medical aid to students is subject to the standard of reasonableness imposed by the Fourth Amendment.

Given the lack of precedents from this court addressing the particular circumstances of this case, the district court relied on three out-of-circuit cases to support the conclusion that the right at issue here was clearly established. Campbell, F. The out-of-circuit authority relied on by the district court does not meet this standard. First, Tenenbaum v.

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Williams, F. This holding does not point unmistakably to the unconstitutionality of Sliwowski's conduct, because the examination of B. The Eleventh Circuit case cited by the district court, Jenkins ex. Talladega City Board of Education, F. Jenkins involved an investigatory strip search for stolen money, and thus did not give Sliwowski fair warning regarding the constitutionality of searches of students After Nashvilledavidson porn fun medical purposes.

Dubbs v. Head Start, Inc. The Tenth Circuit held that the medical examinations constituted searches under the Fourth Amendment. Daugherty, F. Specifically, the Tenth Circuit's holding that the medical examinations were searches under Fourth Amendment law is not obvious under this court's precedent, and it is in direct conflict with decisions of other courts of appeals. See Peete, F.

Sliwowski could not be expected reasonably to have inferred from Dubbs, a single out-of-circuit case, that the medical inspection of B. See Seiter, F. Therefore, the out-of-circuit authority cited by the district court does not demonstrate that the right at issue here was clearly established at the time of the examination of B. In sum, existing precedents did not give Sliwowski fair warning that her medical assessments were subject to the Fourth Amendment's reasonableness requirement, and accordingly the right at issue was not clearly established.

See al-Kidd, S. Sliwowski is thus entitled to qualified immunity regardless of whether her conduct amounted to a violation of B. We also take no position on whether Sliwowski's conduct may have been actionable under a different provision of the Constitution. Claiborne Cnty. The substantive component of the Due Process Clause protects students against abusive governmental power as exercised by a school. Leonard, F. Dep't of Health, U. Explore Resources For Practice Management. Legal Technology. Corporate Counsel. Begin typing to search, use arrow keys to navigate, use enter to select.

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