Bilbrey ex rel. Bilbrey v. Brown

POOLE, Circuit Judge:

Anthony Gartner and Joseph Bilbrey, minors, appeal from a judgment which denied them relief in their civil rights action arising from an alleged unlawful search by appellees, Joseph Taylor and Gary Robinson. Gartner and Bilbrey were fifth grade students at a public school in Columbia County, Oregon. They were searched by Taylor, the school principal, and Robinson, a teacher, looking for drugs. The parents sued on behalf of the minors.

After the evidence was completed, the district court ruled that the search violated appellants’ constitutional rights, but allowed the jury…