"The Fifth Circuit reversed the district court’s dismissal of the § 1983 action under a Monelltheory of municipal liability due to these school rules.
Applied here, this clearly established law means that Higgins violated the constitutional rights of the twenty-two girls unless Higgins reasonably suspected that the missing $50 cash (1) would be found on that particular girl’s person and either (2) would be found specifically in that girl’s underwear or (3) would pose a dangerous threat to students. For what are perhaps obvious reasons, the parties do not dispute that the alleged search failed all three conditions. It was clearly unconstitutional.
And it required a circuit court of appeals to hold this, because it eluded the vice principal, the school district and the district court judge that such a vague yet permissive district policy that allowed 22 preteen girls to have their panties searched without anything remotely sufficient to suggest that any one of them had the $50 was outrageously unconstitutional."
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