VII. Enforcing Constitutional Rights: Problems

Problem

The United States Supreme Court has held that school authorities may search students’ lockers without a showing of probable cause to believe that there is contraband inside. The lower courts are split as to whether probable cause is required to search a teacher’s locker. The state of Missouri passes a statute giving local school boards the authority to order searches of the lockers of both students and teachers without probable cause. The local school board for Saint Louis, Missouri, passes a resolution authorizing school principals to search any lockers without probable cause. The principal of a Saint Louis high School orders the search of a teacher’s locker without having probable cause. Pornography is found in the locker and the teacher is fired. Shortly thereafter, the U.S. Supreme Court holds that teachers’ lockers may not be searched without probable cause. The teacher would like to bring suit to remedy the illegal search and seizure.

What kind of relief could he obtain against:

A. The State of Missouri

B. The School District of St. Louis

C. The Principal of his school