School Strip Search for Cell Phone

[cmack]

http://hamptonroads.com/2011/11/exstude ... rip-search

Ex-student claims emotional damage from strip search

 By Jeff Hampton
The Virginian-Pilot
© December 1, 2011

CHESAPEAKE

A lawsuit filed in federal court Tuesday claims that a former Oscar Smith Middle School assistant principal caused emotional damage to a student when he authorized a strip search to find a cellphone.

Alonzo Price has filed suit in Norfolk federal court seeking $350,000 in damages from Samuel Kambar Khoshaba, who was an assistant principal at Oscar Smith in 2005. In the lawsuit, Price claims Khoshaba and a security guard took him to a room in the Chesapeake school on Feb. 22, 2005, and made him remove his clothes in an effort to find a cellphone. Khoshaba is now an assistant principal at Western Branch High School.

The search violated the Fourth Amendment to the U.S. Constitution that protects citizens from unlawful search and seizure, the lawsuit says.

"Alonzo Price did become sick, sore, lame and disabled: he has suffered great physical pain, severe mental anguish, embarrassment, humiliation, psychological damage and extreme emotional distress...," according to the lawsuit.

The school security guard also is named in the suit. However, attorney Andrew Sacks said the name currently listed on the suit might be in error and that he plans to amend it and correct the name.

Khoshaba denies all the charges in an answer to the lawsuit.

Jeff Hampton (252)338-0159 jeff.hampton@pilotonline.com

[Ursus]

Comments left for the above article, "Ex-student claims emotional damage from strip search" (by Jeff Hampton; December 1, 2011; The Virginian-Pilot), #s 1-20:


** It's A Wonder He's Alive **
Submitted by tidewaterhelm on Wed, 11/30/2011 at 3:24 pm.

"sick, sore, lame and disabled: he has suffered great physical pain, severe mental anguish, embarrassment, humiliation, psychological damage and extreme emotional distress...," according to the lawsuit ...........

Wow! A bit over-dramatic?

$Cha-Ching$

Comment deleted
Submitted by admin (staffer) on Wed, 11/30/2011 at 5:37 pm.

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Submitted by admin (staffer) on Wed, 11/30/2011 at 3:30 pm.

Comment removed for rules violation. Reason: Disparaging victim or family[/list]
The search was was obviously
Submitted by self ed.opine on Wed, 11/30/2011 at 3:33 pm.

The search was was obviously an overeach, as was the attorney's description of the incurred suffering. If so, Alonzo should steer clear of highschool sports or ever joining the military.

Comment deleted
Submitted by admin (staffer) on Wed, 11/30/2011 at 4:42 pm.

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It takes 6 years for
Submitted by notfiveo on Wed, 11/30/2011 at 9:54 pm.

It takes 6 years for memories to fade, witnesses to disappear, and to come up with a slew of maladies if once expects to create their own lottery windfall.

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strip search
Submitted by psgoforit on Wed, 11/30/2011 at 3:36 pm.

Was the 'search" conducted by Sandusky of Penn State ?

How to make money without working
Submitted by Mytwocents on Wed, 11/30/2011 at 4:01 pm.

2005. And he just now decides he was
abused. The attorneys should come out
and say it, since it is so obvious:
they're looking for suckers to sue
other suckers. There's no shortage.

Read the story...
Submitted by callahsr on Wed, 11/30/2011 at 4:53 pm.

It says the suit was filed years ago and dropped, then refiled at the federal level. I don't beleive the suit is justified, but this principal should have known better. He should have at the very least lost his license to teach. I had a similiar situation when I was in jr high. A girl said I took $20 from her.....she did not like me and was trying to cause trouble (I was the geek that people picked on for no reason) My female Asst Principal wanted me to remove my shirt and check my bra. I told her no way was that happening. My mother was infuriated. I don't think she was a perv or anything, I just think she thought she was all powerful and beyong reproach. Shhhhhhh...don't tell anyone I was onnce a nerd!!!

Your secret is ours.
Submitted by self ed.opine on Wed, 11/30/2011 at 10:21 pm.

Your secret is ours.

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Sorry...
Submitted by callahsr on Wed, 11/30/2011 at 4:56 pm.

My other post was in response to a post commenting about him just now filing suit. Now it disappeared and I look like I am talking nonsensibly. Maybe I am still a nerd after all.

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Frivolous Lawsuit? You Decide.
Submitted by camper on Wed, 11/30/2011 at 4:06 pm.

Let's see, the only thing Sacks didn't say is "This is not about money..." (Translation: "It's about money.")
The alleged damages are so over-the-top trumped-up that I doubt Sacks really believes it.

Do we not teach children
Submitted by carrien77332 on Wed, 11/30/2011 at 4:25 pm.

Do we not teach children common sense? If they told my daughter to remove her clothes for a strip search, I pray that she is smart enough to say call my mother first. Because then I would tell them where they could go with their search and how to get there. All over a CELL PHONE. Not even looking for drugs or a weapon - so is it that necessary? Teach K9 to smell phones. Their little noses will be running in rabid circles without humliating anyone.

Well,
Submitted by Red Guy on Wed, 11/30/2011 at 4:41 pm.

First you have to have Common sense in order to teach it. The Asst. Princible obviously missed that class while in college.

As for Alonzo, go look up the word"opportunist" and you will find his picture.

Me to the teenager: I have a
Submitted by carrien77332 on Wed, 11/30/2011 at 9:32 pm.

Me to the teenager: I have a question.
T: Ok.
Me: If you were asked to remove your clothing at school for a strip search for a cell phone check what would you do?
T: (WHAT???) Well, if I had my phone I would hand it over but if someone asked me to take off my clothes for a search I would make them call you.
Me: Ok, I was just doing a random common sense check.

Now, under pressure, hopefully it would have the same result. One can only hope. It's all we can do as parents - hope we have taught them something about common sense, respect and following the rules without compromising their right to privacy.

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There are two sides to every
Submitted by guyr on Wed, 11/30/2011 at 5:10 pm.

There are two sides to every story It would be a mistake to assume that all the facts contained in the lawsuit are true. I'm suspicious because the lawsuit was originally filed and then withdrawn only to be brought up again in 2011. This incident allegedly occurred in 2005. If the plaintiff was so physically and emotionally damaged, why is there a 6 year delay? Sorry, but more information is needed to come to the conclusion that a strip search occurred, and if so, it was really only for a cell phone. Good grief, try thinking independently and not drawing conclusions from a newspaper article, which contains a minuscule amount of information from only one party involved.

There Are Many Reasons A Lawsuit Could Be Withdrawn...
Submitted by occassionalcomm... on Thu, 12/01/2011 at 10:40 am.

...And then re-instated; that doesn't mean the event did not occur. I think it is unspokenly understood that any damages this defendant should pay are contingent upon the event having actually happened. But I agree with the original poster - we need to teach our children to say "no" to people in positions of authority when they demand a strip search. I have taught my young children that tney do not remove their clothes for anyone for any reason without my permission (i.e., for a doctor).

The lawsuit being reinstated
Submitted by guyr on Thu, 12/01/2011 at 5:30 pm.

The lawsuit being reinstated does not mean that the search did occur either. It also doesn't mean that the search was just for a cell phone. If it did occur, it could have been for items such as drugs or a firearm as well. My point is no one really knows at this point. I simply pointed out the gullibility of people who read a small amount of information in a newspaper article and then post on it as fact. Like it or not, high schoolers are still children. If parents would be parents people of authority would have no need to search them. No one had to be searched in my high school because all the principal had to do was call a child's parents and the disciplinary problem was solved by the next day.

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when i was in school
Submitted by jdmtoaster on Wed, 11/30/2011 at 4:58 pm.

the handbook we got at the begining of each and every school year stated that once you step foot on school property, you and property, on you and in lockers, is subject to search. im sure that was stated in that hand book as well.

What a crock!!
Submitted by OldCopper on Wed, 11/30/2011 at 5:08 pm.

Another fine upstanding citizen looking for a free paycheck. My only question would be did they find the cellphone. Strange how they didn't mention that little tidbit.

© 1993-2011, HamptonRoads.com | PilotOnline.com | HamptonRoads.tv

[heretik]

Could have the Ass. Principle called the police or maybe the child's parent or parents to come down to the school to assist. Why aren't the parents being contacted any more. I know my parents were contacted for just about any infraction.
Who do these administrators think they are anyway.
This is another incident of a big fat ego taking over and showing the kid who has the power. It is called bullying.

[Ursus]

Comments left for the above article, "Ex-student claims emotional damage from strip search" (by Jeff Hampton; December 1, 2011; The Virginian-Pilot), #s 21-40:

It must be a new found form
Submitted by self ed.opine on Wed, 11/30/2011 at 9:13 pm.

It must be a new found form of journalism, leave your reader mostly in the dark, plenty of that on this webpage and in print lately.

How in the world do you compare being forced to undress and
Submitted by havefun2 on Thu, 12/01/2011 at 8:19 am.

searched to playing in a t-ball game? How many of you who are calling this "BS" are offended, outraged, and humiliated by a TSA pat-down? Would you be so compliant if your child was pulled aside and forced to strip for them? This was not law or national safety enforcement officials searching a mature adult for dangerous smuggled items. It was a middle school CHILD (age 11- maybe 15) being forced to strip by glory-seeking school employees looking for a cell phone that the article doesn't even say they found. You don't think that will damage a child? Step into your supervisor's office, strip down, and let someone else present search for those missing office supplies. Then return to work with your peers as if nothing had happened. He deserves compensati

don't think that will damage a child
Submitted by suffolksplit on Thu, 12/01/2011 at 1:35 pm.

No. Certainly not a normal one. I doubt if they did a cavity search. If this guy freaks out because some other male saw him in his under ware (or even less) he needed help before this incident ever happened.

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So, did the kid have a cell phone or not?
Submitted by elguapo on Wed, 11/30/2011 at 5:29 pm.

I don't know why they can't have a wand that detects electronics to avoid a strip search, but the d.b. probably had a phone which is against the rules. If a phone goes off in class the teacher is supposed to take the phone. If the student refuses, then the teacher can call someone to search him. Either way the d.b should not have had his cell phone on him (if he did have one). If he got caught with it, then he should've handed over when the teacher asked for it. If you are aware of the rules and decide to break them anyway, then don't lie about it... Man up and face the consequences. If a student needs to be contacted by their parents, then they can call the school office. It's amazing how we managed to get by all those years w/out cellular

Accountability...
Submitted by elguapo on Wed, 11/30/2011 at 5:41 pm.

If you're a parent that would be irate if this happened to your child, then teach them accountability and respect for rules. Political correctness prevents me from telling parents what I really feel as a teacher. But as a Pilot reader I can say that I'm tired of this political correctness that allows kids to grow up feeling that they are entitled to things they didn't work for, and letting them avoid consequences when they screw up. Look at t-ball games where they don't keep score. What's that crap? If you want the trophy, work harder! No, you don't get points for putting your name on it... and yes you actually have to write out the answer you lazy sack of excrement. Stop making excuses for your kids... model responsibility for them.

I Am A Teacher Also
Submitted by occassionalcomm... on Thu, 12/01/2011 at 10:33 am.

I agree with every comment you have made. However, there is no excuse for a strip search for a cellphone. If the defendant is found to have done that, he should be hit with large damages. There are other ways to discoer/punish for a cellphone.

Disturbing
Submitted by GNJ4507 on Thu, 12/01/2011 at 11:08 am.

Point taken, however, I find it disturbing that you would call one of your students a "lazy sack of excrement." Perhaps you are in the wrong field.

Perhaps if more like that were in the
Submitted by TxMike77 on Thu, 12/01/2011 at 11:40 am.

field we wouldn't have the problems we have today in schools. I don't know about you but teachers in my school were NEVER hesitant to tell you when you were being lazy, stupid or crazy. Kids today do not hear the truth enough.

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I am a parent AND a teacher
Submitted by Niecyangel on Thu, 12/01/2011 at 12:55 pm.

and I would NEVER allow my child to have a teacher like you! You need to go into a field where you can treat everyone like and Ahole all day long. These are CHILDREN! Yes we need to teach them but not berate them and I do agree that there are a lot of parents out there who want special treatment for their child that the child doesn't need or deserve but that doesn't mean you should take it out on the child we need to better educate parents and get people who are as angry as you are OUT!!!

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This search for a cell phone
Submitted by sandman2go on Wed, 11/30/2011 at 6:19 pm.

This search for a cell phone tool place almost seven years ago - anyone remember what size cell phones were back then? Could they be easily hidden in your clothes?

It kind of makes sense. When
Submitted by Ethan on Thu, 12/01/2011 at 4:25 am.

It kind of makes sense. When I was in high school it was instant expulsion for possession of a pager or cell phone in school as I recall. This is was in Chesapeake.

Now kids bring them in all the time. So by him bringing this case up now, it looks really ridiculous that they searched him for something that every kid brings to school now (but leaves off?)

I do remember in summer school at Indian River a teacher had a pager so her friends could call her. Classmates got hold of the number and would randomly page it from the payphone, and she would run out to call the person back. I don't think she ever figured it out.

Yep, as a matter of fact I still
Submitted by TxMike77 on Thu, 12/01/2011 at 11:35 am.

have the one I had in 04. It is smaller than the ones most kids carry today. Thicker, but much smaller.

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I'll have to agree with some of it......
Submitted by fulcrum3 on Wed, 11/30/2011 at 6:40 pm.

The guy certainly is lame.

This makes me sick, sore,
Submitted by howiroll on Wed, 11/30/2011 at 8:00 pm.

This makes me sick, sore, psychologically damaged. GIVE ME A BREAK! The guy must need money. This is why we Americans are in the place we are in economically. People sue because the coffee is too hot. Have to raise prices to cover the legal fees. Then someone else has another ridiculous lawsuit. I need to sue Sacks and Sacks for taking this on and this kid because it just makes me sick.

Coffee too hot?! STILL
Submitted by Niecyangel on Thu, 12/01/2011 at 12:48 pm.

Do you really know the truth behind that story? Everyone always says an old lady got a little burn because she ordered hot coffee and didn't expect it to be hot, she must have needed money right? That's the only reason to sue right? WRONG! That's what I thought at first too BUT the truth is the person at the DT hadn't put the lid on properly AND McD's had been warned before that their coffee was being served too hot. The lady involved, received third degree burns to her legs & genitals, not because she expected the coffee to be cool but because some idiot didn't put a lid on correctly and McD's didn't listen to the warnings that their coffee was too hot! It's not as B&W as people make it out to be and my guess is neither is this case.

She was driving a CAR and
Submitted by howiroll on Thu, 12/01/2011 at 5:32 pm.

She was driving a CAR and put the coffee cup BETWEEN her legs. She was an elderly lady--Hello? How long has she been living? Coffee is hot? Don't drive with the cup between your legs!

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Honestly, when I read the
Submitted by nancyp on Wed, 11/30/2011 at 8:25 pm.

Honestly, when I read the first paragragh of the story, I bursted out laughing. And laughed thru the whole story. Lord have mercy, someone is needin' some money. Unbelievable. Truly.

well
Submitted by globaltrekkie on Wed, 11/30/2011 at 8:44 pm.

Considering Dr. Khoshoba will suspend any student and teacher who calls him Mr. Khoshoba, I would have to agree that he abuses power.

Since when did principals become the police? They should have called the cops, then they would not be facing a lawsuit. Schools think they can make up laws and policies when they feel like it.

You may have unearthed a
Submitted by self ed.opine on Wed, 11/30/2011 at 11:10 pm.

You may have unearthed a better half to this story.

Care to elaborate ?

Comment deleted
Submitted by admin (staffer) on Thu, 12/01/2011 at 12:43 am.

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[none-ya]

This really happened all the way back in 2005? And the'yre just now suing? This should get tossed out of court rather quick.

[Ursus]

This really happened all the way back in 2005? And the'yre just now suing? This should get tossed out of court rather quick.

Hmmm. Have ya, perchance, ever considered the issue of the potential effects of trauma, and/or being in a financial position and/or emotional state to even consider the prospect of a lawsuit?

There's possibly, or probably, a lot more to this case that hasn't been adequately addressed in that one article...

[none-ya]

What trauma? The article say's nothing about abuse,just that he was searched. If he was molested,then that's something else. But there is no mention of abuse.

[Anonymous]

.

[cmack]

This really happened all the way back in 2005? And the'yre just now suing? This should get tossed out of court rather quick.

If he was in middle school in 2005 then he's only 18 or 19 now. Maybe his parents weren't interested in pursuing it and he had to wait until he was an adult to file suit.