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Family Seeks $7.5 Million Because High School Read Daughter's Texts
Today in Recession-omics: Using your kid's quasi-misfortune to exploit constitutional law for millions of dollars. Just follow in the footsteps of John Beaird of Irving, Texas, and you're on your way.Beaird's daughter Madelyn is your typical teen texting fiend. According to The33TV, MacArthur High School officials thought that the student might have some information about a situation "involving a gun and keyed cars," and searched her phone for potential clues. Faced with a police officer and three administrators, Madelyn handed over her phone even though she "knew they could not [confiscate] it" legally. (We're not entirely certain if that applies in situations where that information could prevent harm to others, but we'll leave that up to the legal types to decide.)
So, John Beaird thought that the Irving Independent School District dun goofed, and demanded that the district fire all of the employees involved and pay his family $7.5 million. The ISD voted unanimously (read: stopped laughing long enough to read its decision) on Monday to refute the Beairds' claim, although the family is planning on taking the case to federal court. The district also countered that the student consented to and even helped with the search, and that it would pay for a replacement phone for Madelyn, since the one in question wasn't returned.
John Beaird calculated the dollar value of his daughter's ordeal from the best possible legal resource: pop-legal culture. He told The33TV, "I remember back when hot coffee was spilled in the McDonald's lawsuit. I believe they were awarded $4.5 million... I said, you know, I guess a constitutional right is worth at least $4 million today." But Beaird may not remember the outrage and incredulity that most of us felt (or the fact that the plaintiff, Stella Liebeck, was actually awarded $2.86 million, which was eventually settled down to under $600,000). Or even the fact that Liebeck v. McDonald's Restaurants inspired much hemming and hawing over tort reform. And hence, we nominate Mr. Beaird for a prestigious Stella Award. Good luck in court! [From: The33TV]
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Comments
59
Subscribe to commentsRobertAug 4th 2010 9:58PM
They are entitled to something. I'm not sure that $7.5 million is too much. Withholding information is not a crime, as far as I know. Her helping was probably due to the fact that she was afraid of the administrators.
sueAug 4th 2010 11:41PM
I do believe withholding evidence IS a crime.
George JetsonAug 5th 2010 1:36AM
In schools the same laws do not apply when safety of students is a concern. Cell phones are not allowed in most schools and are contraband, making them subject to search and seizure. This lawsuit shows us what is so wrong with this "sue to get rich" society we live in.
kristy73786Aug 5th 2010 2:22AM
They aren't entitled to anything. As a former teacher in a public school, the school boards make policies regarding cell phones to avoid situations such as this and the policies are perfectly legal. For example, the school I used to work for had the policy (which had to be reviewed & approved by the school system attorney) that students were not to have cell phones on during school hours and if they did, the phone was confiscated for a certain amount of days and was subject to search. These parents who believe their children can do no wrong is what IS wrong with our public (and some private) school systems. If the child has information or if they have a phone and shouldn't have one at school, then the policies are there to help the school do its job.
kristy73786Aug 5th 2010 2:24AM
Oh, and withholding information IS a crime...it is called obstruction of justice.
joe tAug 5th 2010 5:16AM
Withholding WHAT evidence?!
GRACEAug 5th 2010 5:45AM
Obviously, there is more to this story. They wouldn't pluck her randomly out of a classroom and search her if she wasn't involved in some way.
ambiguouslove05Sep 28th 2010 9:07PM
@(Unverified) yeah..... witholding information IS a crime. I would know. Daddy is a cop. :)
KarenSep 28th 2010 11:59PM
@(Unverified) actually, it can be a crime if criminal activity is being investigated. but puhleeeeze, it's a teen, who allowed them to look at her phone, which since was not returned is being/has been replaced, and if a gun was involved in whatever situation was being investigated, then why in the world would her parents not feel blessed that it was not another school crisis, that ended with her name making the news for a tragic reason? and to want to sue, for constitutional rights being violated? which amendment in the constitution covers kids with cell phones at school? i thought the story was ludicrious enough, but that anyone supports this get rich, litigious family is even funnier.
ChuckAug 4th 2010 8:19PM
Ya like you wouldn't do it if you had the chance , lol .
LitaAug 4th 2010 8:21PM
Good grief. Another idiot bringing up that McDonalds law suit. For the umpteenth time, the woman was scalded, requiring skin grafts. That McDonalds had been warned for years that the coffee, kept at 30 degrees above serving temperature, was a financial disaster waiting to happen. Big businesses typically only respond to something only if it affects their bottom line; otherwise, the hell with the safety of their employees/customers.
As far as this clown goes, what was going on in his household that his daughter would be involved in this kind of thing? He should look into how he parents his children instead of looking for a windfall on the pretense of his daughter's "rights." What chance does she stand if her father is this stupid?
patricia a boiesAug 4th 2010 8:37PM
as far as the Mcdonalds issue goes, the woman was aware of that fact and stupidly did what she did , and should have paid the consequence there of
KarenAug 4th 2010 9:18PM
It is un fortunate she was burned, but it was coffee and she knew it was hot, and so it was still an absurd amount.
cqdeedAug 4th 2010 9:23PM
The article didn't say they found anything like what they were looking for on the phone. So how can you say the girl was involved with anything? Apparently to you to be accused is to be guilty. And they didn't even accuse the girl of anything. But guilty to you. Wise up.
midsmr2Aug 4th 2010 11:16PM
In regards to the Mc Donald's coffee "incident".....what kind of idiot would put a "hot" beverage between their knees? At some point in time, common sense needs to come into play and stop rewarding people for stupidity. In this case, the school admins asked for her phone, and she gave it to them. Where's the lawsuit?
sueAug 4th 2010 11:51PM
I'll tell you what kind of household she's living in...her Father's a moron & a lazy one at that. He's more concerned with getting rich quick than the activities that his daughter is involved in. Even more stupid, is the lawyer that takes this case. I hope they lose & have to pay the legal fees in this stupid frivilous lawsuit. My daughter's school does not allow cell phones, period. And in the article, it said "she handed the phone over to the school officials". Put me on that jury. I'd hold the father in contempt for wasting taxpayers' money.
SrmhomerAug 4th 2010 9:02PM
They'll probably be awarded some sort of damages, but definitely not the $7.5 million. Trust me on that one. When lawsuits are filed, lawyers ALWAYS ALWAYS ALWAYS sue for as much as they possibly can. A judge, or even the parties involved in the litigation, will eventually whittle the number down to something realistic. I've typed up memos for cases that involve several separate counts of various crimes, each of which carried an amount of $5 million.
J.E.B.Aug 4th 2010 9:16PM
What a nice change of pace, a MALE gold-digger, trying to cash in on his daughter's i-phone being searched by school officials. Has he ever met Dina Lohan?
CarloAug 4th 2010 11:01PM
J.E.B. You are correct. (And don't forget the most recent female gold-digger, though. Her name is Oksana Grigorieva. She's the best ever. Sure, Mel did all the screaming, threats, etc. against her, BUT he is right about one thing. SHE IS THE WORST GOLD-DIGGER IN HISTORY. (Who among us would not accept a broken tooth or two, and Mel's rants as a small price to pay for the millions she is set to collect from him???
Umadbro?Aug 10th 2010 8:32PM
Let us not forget a similarly recent gold digger in the HP scandal. Filing a sexual harassment lawsuit after years of "seeing" each other and walking away with millions only able to reply that she didn't know Mark would lose his job... Good one.