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 commentsPamalaAug 4th 2010 11:27PM
You aren't telling all the facts about the Mcdonald's case. Her genitals were burned beyond working any longer. She had intermal memos from Store owners and managers of corporate stores asking to turn the heat down on the coffee machines. Corporate said no. That is how and why she won the award. She is physically damanged for life and McD's knew about the problem.
george biggsAug 4th 2010 11:29PM
The student needs to be compensated but the school and police needs to pay dearly. Fire the school administrator and all that were involved. I was a teacher 48 years and there is a better way to handle the situation.
Lou LouAug 4th 2010 11:51PM
Everyone has a constitutional right against illegaj searches and seizures (most times warrantless). However, there are EXCEPTIONS. If the authority believes the evidence might be destroyed (deleted in this cae) they need not wait for a warrant. If a drug dealer is confronted and he takes flight into his house, the house can be barrraged, because the dealer can flush, or otherwise destroy the evidence by the time the warrant is obtained.
The only this this dad needs is a flogging, then put in the corner for his time out. Or better yet, give him a dollar for NOMINAL damages!!!
sueAug 4th 2010 11:55PM
This father would be the first one screaming & crying that school officials didn't do anything if his daughter were shot at school. I don't want to swear here so I'll just say what a stupid, horrible, ignorant sob this man is. Oh, I forgot lazy & greedy. I hope they lose, are humiliated & have to pay everyone's court costs. Idiots!
Lou LouAug 9th 2010 3:42PM
Everyone has a constitutional right against illegal searches and seizures per A-4 (fourth Amendment). Most times these searches are warrantless. However, there are EXCEPTIONS. If the authority believes the evidence might be destroyed (deleted in this cae) they need not wait for a warrant. If a drug dealer is confronted and he takes flight into his house, the house can be barrraged, because the dealer can flush, or otherwise destroy the evidence by the time the warrant is obtained.
The only thibg this dad needs is a flogging, then put in the corner for his time out. Or better yet, give him a dollar for NOMINAL damages!!!
brantaydesAug 5th 2010 12:06AM
Couldn't even read the article. Another instance of the huge greed and ridiculously large lawsuits that have become rampant in ruining our country.
DerickAug 5th 2010 12:37AM
Why do U post this crap?
heidiAug 5th 2010 1:19AM
People sue over everything now, this lawsuit is ridiculous i hope the family loses.
Brenda ReshAug 5th 2010 2:21AM
I would be curious to know if cell phones are allowed at this school. If the school had done nothing and there was an incident, they would have come under fire for doing nothing. Schools used to be a place of learning and you could send your kids without worrying about their safety, but where I live they have police officers assigned to each school! Is it any wonder our kids aren't learning anything, other than how to file a lawsuit...
Gary WilkesAug 5th 2010 2:23AM
"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".........You should be certain, it's already happened. All the details of 911 were on a laptop computer that authorities were blocked from cracking. Ironically, an American is not protected by the law that protected an accomplice of the World Trade Center bombing (a foreign national) because of the report of a "gun" and "keying cars." Apparently "killing thousands of people by crashing airplanes into buildings" wasn't important enough to open up computer files but a single gun in a school cancels consitutional protections for American citizens.
Eric W.Aug 5th 2010 2:41PM
I'd sue the hell out of them tooo! Particularly if my daughter didn;t do anything like I suspect of this girl. They didn't find a thing and agrred to give her a new phone. Why the hell didn;t they just give hers back when they were finished checking it? More republican honky nonsense!!!! What a country!!!!
Carolyn A.Aug 5th 2010 5:03AM
Cell phones shouldn't be allowed in school - as for reading her texting - she could have said no and asked her father to come to school first. However, in the meantime if a student was hurt and she had the evidence on her phone, she should be held responsible - Yes, withholding evidence IS a crime - and if cell phones are not allowed in school, confiscating is proper - I think the father is just looking for "easy" money. Or maybe they discovered some child porn on the phone - you know sexting?
George LakeAug 5th 2010 8:55AM
Your smug and mocking tone is out of line. The man has a case. It's outrageous that they did what they did. And in the McDonald's case, that same restaurant had many complaints about their scalding coffee. The case was settled appropriately and so too will this one--notwithstanding your sophomoric tone.
joe tAug 5th 2010 5:44AM
I might be for the school, except for one thing: they lied. They said she consented and even helped with operating the phone for them. Consented? Three principles and a cop against this young lady? What would YOU do?
KCAug 5th 2010 6:09AM
Okay, I'm confused; how is a woman spilling hot coffee in her own lap directly related to school administrative suits and three knuckle draggers browbeating a kid? This article is journalism? So-called 'journalists' beat everyone over the head with the First Amendment, but don't give a damn about the requirement for a warrant 'particularly describing' the person or property to be seized. I guess the 'journalist' couldn't find a real job, so decided that crafting trash was the path to fame and glory. Get a life, you doofus - - - get a job, cause a journalist you ain't.
MaggieAug 5th 2010 7:13AM
Actually a student's rights ARE limited at school: http://en.wikipedia.org/wiki/New_Jersey_v._T._L._O.
greenlAug 5th 2010 6:32AM
I don' t think they should get anything, she willing gave her phone to them, It wasn't taken from her, or court order to get the phone they asked for the phone and she gave it to them willing that's her fault for showing her privacy she old enought to know what to do if some came to me want to see my texts I call my Father first.
John GrayAug 5th 2010 7:22AM
I hope she wins in court. Back in High School my car was searched by and Administrator and it wasn't even parked on School property. He was some sort of Ex Marine or something. No illegal fireworks were found in my car. To this day I don't know why I even let him search my car. Mr. Paar or was it Par was a real piece of work! Something has to be done to teach these Little Hitlers who work in the school system what they can and can't do. I hope this leason start with this girl!
whatshamataAug 8th 2010 7:19PM
The article says "Madelyn handed over her phone even though she "knew they could not [confiscate] it" legally. " Since most students have been raised to fear authorities, they would be afraid to hand over the phone when it was demanded. This is why search and seizure laws were passed, because of abuse by authorities. The school can't use a "danger" was present, because Madelyn did not have a gun. Keyed cars aren't a danger to people, and who knows what info the school really had. May have later said a gun was involved, trying to cover their ass.