violated the civil rights of these children to be free from the use of unnecessary and unjustified use of force upon them, the wilful or intentional deprivation of the care, security and sustenance of their natural parents by agents of the government, to be free from improper detention or arrest and imprisonment, and from unreasonable search and seizure by agents, employees and servants of the government of any state of [sic] local authority and the right to be represented by counsel in any attempt to infringe upon any of the foregoing civil rights which they enjoy by reason of the due process clause of the 14th Amendment to the United States Constitution and the Fourth Amendment thereto.7
Said defendants had arrived at a custom, practice, procedure or program which they had agreed to or acquiesced in by which they had or would undertake to investigate any complaint by any child, of any consequence or substance or lack thereof, that might involve the mere subjective suggestion of mental or physical discomfort or pain whether a probable, possible, likely or unlikely result of conduct of parents administered with or without reasonable cause in just measure, properly, improperly or not, by subjecting such students to immediate detention, restraint on freedom of movement beyond restraints required for the purpose of school instruction, to interrogation by groups of staff, to invasive physical examination of the body, person and private parts of such students as well as by group interrogation of other students whether siblings of the supposed victims or not who happen to be subject to defendant's control.
Municipal liability attaches only where the decisionmaker possesses final authority to establish municipal policy with respect to the action ordered. The fact *1277 that a particular official—even a policymaking official—has discretion in the exercise of particular functions does not, without more, give rise to municipal liability based on an exercise of that discretion....The official must also be responsible for establishing final government policy respecting such activity before the municipality can be held liable. Authority to make municipal policy may be granted directly by a legislative enactment or may be delegated by an official who possesses such authority, and of course, whether an official had final policymaking authority is a question of state law.
[W]hen and where specific policy, custom, rules or practice were not immediately recalled or not known, she was charged with the responsibility of creating such policy, practice or custom with the advice and consent of her subordinates and at large District personnel such as, and including but not limited to, Lorenz Petersen.
Said defendants [Petersen and Plozay] chose to punish plaintiffs' proper exercise of their freedom of speech by conducting further interrogation of said children into the affairs of the plaintiffs in order to cow them into submission to defendants' personal whims, desires, lust for power and control, to secure their own continued employment positions and for their own self agrandizement [sic].
Certainly, if the federal claims are dismissed before trial, even though not insubstantial in a jurisdictional sense, the state claims should be dismissed as well. Similarly, if it appears that the state issues substantially predominate, whether in terms of proof, of the scope of the issues raised, or of the comprehensiveness of the remedy sought, the state claims may be dismissed without prejudice and left for resolution to state tribunals.
extreme and outrageous conduct by the defendant; intent by the defendant to cause, or a reckless disregard of the probability of causing emotional distress; severe or extreme emotional distress suffered by the plaintiff, and an actual and proximate causation of emotional distress by the defendant's outrageous conduct.
A search of a child's person ... is undoubtedly a severe violation of subjective expectations of privacy.
It does not require a constitutional scholar to conclude that a nude search of a thirteen-year-old child is an invasion of constitutional rights of some magnitude. More than that: it is a violation of any known principle of human decency. Apart from any constitutional readings and rulings, simple common sense would indicate that the conduct of the school officials in permitting such a nude search *1282 was not only unlawful but outrageous under “settled indisputable principles of law.”25
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