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Thursday, May 22, 2008

7Th Circuit Court Rules That A Social Worker Violated The 4th Amendment By Strip Searching Children

The gist of it is that a social worker who was investigating a suspected case of children being spanked by their parents entered a private school and ordered two children to partially disrobe to inspect them for signs of abuse:

Two children who attended a private Christian school in Wisconsin were illegally strip-searched and had their constitutional rights violated by a state social worker, the Seventh Circuit Court of Appeals unanimously ruled Monday.

In Michael C. v. Gresbach, the court said state worker Dana Gresbach violated the children’s Fourth Amendment rights to freedom from unreasonable search when she entered Good Hope Christian Academy in Milwaukee, Wis., had the children pulled from the classrooms and told them to remove their clothing when she suspected the parents of spanking in February 2004.

According to an attorney representing the kids and their parents this is a common procedure among social workers:

“The social worker performed these strip searches as a matter of routine, estimating that in perhaps one-half of the 300 or so cases she handled every year she subjected kids to a partial disrobing,” he said. “In fact, she testified that she considered it so routine that she did not bother to discuss her intentions with her supervisor, even though she spoke to her on her way to the school.”

The state had several social workers file affidavits saying they would have followed the same procedure. Crampton said, “That is an alarming admission, and we suspect you would find a similar pattern in social service offices all over America.”

The social worker in question wouldn’t allow the parents to be notified beforehand, either. She claimed that she has the right, in the course of an investigation of abuse, to search a child in that manner without a warrant and thus had immunity from suit. The 7th Circuit strongly disagreed:

Gresbach claimed she was entitled to qualified immunity because her actions were reasonable under the Fourth Amendment; however, the court disagreed.

“We do not exempt child welfare workers from adhering to basic Fourth Amendment principles under non-exigent circumstances – to do so would be imprudent,” the court stated. “… we do not believe that requiring a child welfare caseworker to act in accordance with basic Fourth Amendment principles is an undue burden on the child welfare system, particularly when it is necessary to conduct an examination of a child’s body, which is undoubtedly ‘frightening, humiliating and intrusive’ to the child.”

I’ve been harping on this subject for a while. I truly understand the need for the protection of children from abuse, but there is a right way and a wrong way to go about it. Just grabbing a kid and forcing them to disrobe without court oversite and in a non-judicial or non-medical environment is the wrong way.

4th Amendment, folks, that’s all I’m saying.

Comments

Avatar for Rob B.

Social workers, in my opinion, have one of the worst jobs in the world. When they do a good job and remove children from a legitimately abusive situation they are met with disdain from the family and little public recognition. When they do a bad job, they get disdain from the family and public outrage.

That being said, just like cops, there is that fine line in enforcement they have to tread or they can do more damage than good, despite meaning to do good.

Rob B. on May 22, 2008 at 06:53 am

The entire Social Service system has to be taken over and revamped. CPS and CCS has become lawless in their authority over the public.
“she suspected the parents of spanking” (????)
So?
Has spanking become illegal for a parent to do now?
My son is an adult and I still, occasionally slap him up the side of the head. Arrest me.
Wait… I also flick his lip with my finger when he slips a cuss word out. Dang.. death row for me if the “authorities” get word of a life time of child abuse he’s had to endure.


flag002.gif washC.gif

Anna on May 22, 2008 at 07:04 am

I know several people working in county Children and Youth services here in PA, and they have said for years that the level of abuse of authority is appalling.

I’m with Anna! There needs to be a massive overhaul of these type government operations, and people need to be held accountable for their abuse of the public trust.


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on May 22, 2008 at 07:11 am

So is this government employee going to pay a personal price for violating peoples civil rights? 

Why Not?


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on May 22, 2008 at 07:15 am

Whistler:

If she has stepped out from under the umbrella of “qualified immunity” then, yes, she can and probably will be held personally liable, at least to some extent.

Qualified immunity applies if a good faith mistake is made on the part of any public official, police, fire, CPS, etc. That means that the government body you work for assumes liability.

It stops applying when the worker acted either in bad faith or in doing something he or she SHOULD HAVE KNOWN was unlawful - or a violation of civil rights. Then you’re on your own. Your agency will drop you like a bad habit.


Election ‘08 - We Are So Screwed

Pilgrim on May 22, 2008 at 07:19 am

That sounds like a reasonable standard, but it would depend upon how it’s done.  Who wants to bet that the state decides that running around the country disrobing kids is just part of the job.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on May 22, 2008 at 07:22 am

Who wants to bet that the state decides that running around the country disrobing kids is just part of the job.

Too late for that. This is the 7th Circuit that made this decision. The only way for it to be overturned is at the Supreme Court.


Election ‘08 - We Are So Screwed

Pilgrim on May 22, 2008 at 07:34 am

I meant that in response to your qualified immunity explanation.  I think the taxpayers will get stuck paying for the violation of civil rights cimmitted by this social worker.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on May 22, 2008 at 07:44 am
Avatar for HG

I’m sure most liberals would defend the social worker and what appears to have been state policy given the affidavits signed by fellow workers.  What’s rather interesting is its perfectly fine (with some liberals) to strip search our children without either the parents or the childs consent, but God forbid our gov’t listen in on phone calls between terrorists and American citizens.

How much you want to bet these same liberals are crying about the NSA eavesdropping.

HG on May 22, 2008 at 08:05 am

Now you can’t assume about THIS social worker, but 90% of them or something are flaming liberals. 

Of course liberals are really only upset that George Bush is listening to the nations enemies.

In no way would the left be upset that their guy was listening in to one of their enemies.  For example, no lefties were alarmed when Newt Gingrich’s cell phone call was illegally taped.  (OK it was the other guy’s cell phone, same difference.)


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on May 22, 2008 at 08:08 am

A liberal-social state, as America is fast becoming, must have absolute control over outr children in school, at home and at play. They force our children to be indoctrinated in social liberal thought, they force parents to treat their children like emancipated adults, we take children by force from their families without a warrant or even legitimate causes for lawful suspician of any abuse, we accuse families and child care workers with sexual abuse, ruin their lives and even when found innocent these people are forever ruined and there is no recourse. We are living in a police state in the making and it is not evil Bush and his alleged violation of human and civil rights to protect Amewrica, it is the liberal, out of control government. Other than that things are fine.

My wife is a social worker, the lives of the good ones can be made a living hell, they are treated like dirt. It is only the activist, power mad workers that get anywhere.


No matter the age or state of health, for a military man it is always glorious to tilt at windmills, rescue a fair Dulcinea and be a gallant knight in armor in a glorious cause.

Neiman on May 22, 2008 at 10:36 am

Hopefully they get rid of a lot of people at the social services group; the fact that they tried to argue that things were “reasonable” clearly means that Wisconsin has NOT adequately enacted the requirements handed down by the Supreme Court a few years back, which mandated that social workers in all states be instructed in the limitations of the 4th Amendment. 

Homeschoolers like myself keep a VERY close watch on this kind of thing for historic reasons--social workers have told no end of lies about us, and have even been caught training people in universities to believe that those who would dare to instruct their children themselves are automatically suspect in terms of abuse.

Part of me also hopes that one of these days, one of the students being searched uses the opportunity to take a dump on the shoes of the social worker.  :^)

Bike Bubba on May 22, 2008 at 10:50 am

social workers have told no end of lies about us

They’re going to keep doing this crap until we start holding them personally responsible when they step over the line.

Do they care that they lost this court case?  Only so much that it placed any restrictions up on them.  Otherwise any damages will be paid by the taxpayers.


What’s going to happen to US industry when the global warming extremists like John McCain double the price of electricity?  I would think all these factories will close and set up in countries where they aren’t scared of technology.


The Whistler's signature
The Whistler on May 22, 2008 at 11:29 am

Bingo, Whistler.  Until a bunch of them lose their jobs, and until a few of them go to prison for wrongful actions, we’re going to see the abuses continue.  Behavior follows incentives, and our incentives are currently to act without accountability.

Fox reports, by the way, that a Texas court has overturned the removal of those 400 FLDS children from their homes.  There’s a good place to start firing; both for ignorance of the 4th Amendment, and also for basic incompetence in not being able to find evidence of a crime when dozens of girls were having babies in their minor years.

And yes, that means that a lot of jurisdictions that don’t take a close look at the evidence of statutory rape in welfare/birth records also need to have some cleaning out as well.  Like Kahleefornia, as Pilgrim notes.

Bike Bubba on May 22, 2008 at 11:54 am

Bubba,

Fox reports, by the way, that a Texas court has overturned the removal of those 400 FLDS children from their homes.

I just posted the new report above.


Election ‘08 - We Are So Screwed

Pilgrim on May 22, 2008 at 12:46 pm
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