Hedges v. Musco
| Decision Date | 22 February 2000 |
| Docket Number | CARE-WALDWICK |
| Citation | 204 F.3d 109 |
| Parties | (3rd Cir. 2000) DANA HEDGES; GEORGE HEDGES, on behalf of C.D. Minor, Appellants v. RALPH MUSCO, Individually and as Principal of Northern Highlands Regional High School; GREG MCDONALD; CATHY KIELY; NORTHERN HIGHLANDS REGIONAL HIGH SCHOOL BOARD OF EDUCATION; ALAN GEISENHEIMER, individually and as President and a member of the Northern Highlands Regional High School Board of Education; WILLIAM BEISSWANGER, individually and as President and a member of the Northern Highlands Regional High School Board of Education; MARY LAURENT; BARCLAY BLAYMAN; HAROLD DE NIEAR; LYNNETTE KRUEGER; PATRICIA DUBIE; LINDA KEMPEY; NORA OLIVER; TINA MALIZIA; NEAL STROHMEYER, individually and as members of the Northern Highlands Regional High School Board of Education; URGENT; HEALTH NET MEDICAL GROUP; BARBARA NEWMAN NO. 99-5111 |
| Court | U.S. Court of Appeals — Third Circuit |
On Appeal From the United States District Court For the District of New Jersey (D.C. Civil Action No. 96-cv-05135) District Judge: Honorable Joseph A. Greenaway, Jr. [Copyrighted Material Omitted] Steven M. Latimer (Argued) Loughlin & Latimer 131 Main Street, Suite 235 Hackensack, NJ 07601 Attorney for Appellants
Robert T. Morgenstern (Argued) Dolan & Dolan 53 Spring Street & One Legal Lane P.O. Box D Newton, NJ 07860 Attorney for Appellees Musco, McDonald, Kiely, Northern Highlands Regional High School Board of Education and all named members thereof
Douglas J. Sherman (Argued) Louis A. Ruprecht Ruprecht & Hart 306 Main Street Millburn, NJ 07041 Attorneys for Appellees Healthnet Medical Group and Barbara Newman
Ronald K. Chen Rutgers Constitutional Litigation Clinic 15 Washington Street Newark, NJ 07102 Attorney for Amicus Curiae American Civil Liberties Union of New Jersey
BEFORE: ALITO and STAPLETON, Circuit Judges, and FEIKENS,* District Judge
OPINION FOR THE COURT
Parents of a high school student commenced this action against a teacher, school officials, and members of the school board ("the NHRHS defendants"), alleging that, by requiring her to submit to a blood test and urinalysis, their child was subjected to an unconstitutional search and that, by disclosing the results of those tests, the defendants violated the child's right to privacy. In addition, plaintiffs argue that the school's drug policy is unconstitutionally vague and assert a state-law claim for assault and battery against the health care provider and nurse ("the medical defendants") who administered the blood test. The District Court granted the defendants' motion for summary judgment and denied plaintiffs' cross-motion for summary judgment. Accordingly, in our review, we view all of the evidence, and draw all inferences there from, in the light most favorable to the plaintiffs. See Wicker v. Consolidated Rail Corp., 142 F.3d 690, 696 (3d Cir. 1998). We will affirm.
At approximately 9:18 a.m. on April 8, 1996, Tara Hedges was entering her third-period class, Defendant Greg McDonald's math class, at Northern Highlands Regional High School ("NHRHS"). As she entered the classroom, McDonald observed that she seemed uncharacteristically talkative and outgoing. In addition, her face was flushed; her eyes were glassy and red; and her pupils were dilated. It is likewise undisputed, however, that Tara's speech was not slurred, McDonald did not smell anything on her breath, and she did not smell of marijuana.
During the math class, Tara asked permission to leave the room to get a drink from the water fountain, which is located within view of McDonald's classroom door. Instead of getting a drink of water, however, Tara went in the opposite direction from the water fountain and disappeared around the corner of the hallway. Tara was gone for approximately ten minutes.1 McDonald testified that it was not consistent with Tara's normal behavior to ask permission to go someplace and then leave the room to go elsewhere. Based on Tara's appearance and uncharacteristic behavior, McDonald suspected that Tara was under the influence of alcohol or some other drug.
The NHRHS Board of Education's Revised Drug, Alcohol and Tobacco Policy ("NHRHS Policy" or "Policy") provides that:
Any staff member to whom it appears that a pupil may be under the influence of alcoholic beverages or other drugs on school property or at a school function shall report the matter as soon as possible to the Principal or his/her designee. The substance abuse counselor and nurse shall be notified by the Principal/designee.
App. 26. In accordance with this Policy, McDonald contacted a school administrator and reported his suspicion that Tara was "high."
Whenever a school official suspects that a student is under the influence of drugs or alcohol, school policy dictates that the student "shall be escorted to the school nurse for an examination of any dangerous vital signs." Id. Pursuant to that Policy, at the end of the class period, a school security guard escorted Tara from Mr. McDonald's classroom to the nurse's office. The school nurse, Defendant Cathy Kiely, testified that her first impression of Tara when she saw her that day was App. 180-81 (Kiely Deposition). Nurse Kiely informed Tara that she was suspected of being under the influence of drugs or alcohol and that her vital signs would have to be checked. Nurse Kiely checked Tara's vital signs and found that her blood pressure was elevated but her pulse and respirations were normal. Although Tara's eyes were bloodshot, her pupils were normal. At no point during the examination did Tara offer an explanation for her uncharacteristic appearance.
"For students suspected of being under the influence of alcohol/drugs," the NHRHS Policy provides that, "if there is reasonable suspicion, the Principal/designee may conduct a search, including lockers and book bags, luggage, etc. . . ." App. 28. In accordance with the Policy, a school security guard searched Tara's locker but found nothing incriminating. The guard also searched Tara's book bag in Tara's and Nurse Kiely's presence. The search revealed an old, worn, plastic bottle containing some small white pills and a large brown pill. Tara told Nurse Kiely that they were diet pills. NHRHS students are prohibited from possessing medication of any kind, including prescription and over-the-counter medications.
Finally, the NHRHS Policy directs that, when a student is suspected of being under the influence of drugs or alcohol, "[t]he Principal/designee shall immediately notify a parent or guardian and the Superintendent and arrange for an immediate medical examination of the student." App. 26. When Nurse Kiely asked Tara for a phone number where her parents could be reached, however, Tara was unable to remember the relevant numbers. After retrieving the phone numbers, and in accordance with the NHRHS Policy, Nurse Kiely called Tara's father, Plaintiff George Hedges, and asked him to come to her office. When Mr. Hedges arrived, Nurse Kiely informed him that Tara was suspected of being under the influence of drugs or alcohol. The school principal, Defendant Ralph Musco, showed Mr. Hedges the pills that were found in Tara's book bag. When it was suggested that the pills might be diet pills, Mr. Hedges responded: "I know for a fact that she's not on a diet." App. 201, 242. Mr. Hedges took the pills, stating that he would find out what they were.2
Either Nurse Kiely or Mr. Musco told Mr. Hedges that Tara would have to be tested for drug and alcohol use before she would be permitted to return to school. The NHRHS Policy provides that App. 26. Either Mr. Musco or Nurse Kiely told Mr. Hedges that the school generally used Urgent Care,3 and Mr. Hedges took Tara there.
Shortly after Mr. Hedges and Tara arrived at Urgent Care, an Urgent Care doctor, Dr. Foley, who has not been named as a defendant, examined Tara. Based on the physical examination, Dr. Foley concluded that Tara did "not appear to be under the influence of any illicit substance or alcohol" and there was "no evidence of any chronic use of illicit substances or alcohol." App. 96 (medical report). Tara then provided Urgent Care with a urine specimen.
Nurse Barbara Neumann attempted to draw blood from Tara's right arm but was unsuccessful. She then attempted to draw blood from Tara's left arm but was also unsuccessful. The parties dispute what happened next. According to Ms. Neumann, after the two unsuccessful attempts, she left the room and summoned Dr. Foley. Tara testified, however, that Ms. Neumann inserted a needle in her arms five times unsuccessfully before asking for Dr. Foley's help. Tara also testified that, when Ms. Neumann left the room to get Dr. Foley, she left the tourniquet on Tara's arm. Ms. Neumann denies doing so. Dr. Foley was able to draw blood from Tara's arm on his first attempt. Plaintiffs allege that Tara suffered hematoma in both arms as a result of Ms. Neumann's actions.
Later that day, Mr. Hedges contacted his attorney, Warren Clark. The next day, April 9, 1996, the Hedges and Mr. Clark met with Principal Musco at 7:20 a.m. Nurse Kiely called Urgent Care at approximately 7:30 a.m. that same morning for the results of Tara's drug and alcohol tests. The test results were negative for drugs and...
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