Jane Doe I v. Shaheen, No. 15-15240 (11th Cir. 2016)
Annotate this CasePlaintiffs, former sonography students at Valenica College, a public college, filed suit alleging that employees of the college violated their rights under the First and Fourth Amendments, 42 U.S.C. 1983. The district court dismissed the students’ complaint for failure to state a claim. In this case, the employees encouraged students to submit voluntarily to invasive ultrasounds performed by peers as part of a training program in sonography. When some students objected, the employees allegedly retaliated against the objecting students. The court vacated the order dismissing the complaint because the district court erroneously classified the students’ speech as school-sponsored expression, rather than pure student expression under Tinker v. DesMoines, and the district court erroneously ruled that the transvaginal ultrasound was not a search under the Fourth Amendment where inserting a probe into a woman’s vagina is plainly a search when performed by the government. The court remanded for further proceedings.
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