You can listen to the oral argument online via the
Seventh Circuit Court of Appeals web site:
http://www.ca7.uscourts.gov/fdocs/docs.fwx?caseno=07-1756&submit=showdkt&yr=07&n\
um=1756

Press Release is below

Jeff
"There is a certain enthusiasm in liberty, that makes
human nature rise above itself,in acts of bravery and
heroism."-- Alexander Hamilton

--

December 4, 2007
Appeals Court Considers State Responsibility for
Illegally Strip-Searching Children

Yesterday, Liberty Counsel argued at the Seventh
Circuit Court of Appeals in a case involving a state
worker who made two elementary students at a private
school undress without parental consent.

The trial court ruled that there was an obvious
violation of the students' Fourth Amendment right to
be free from an unreasonable search. The social worker
appealed that ruling. The appeals court panel,
consisting of Judges Bowman, Bauer and Sykes, is
expected to rule on this case in the spring.

While the social workers should be empowered to
protect against actual abuse, they should not be given
carte blanche to barge into a private school on a whim
and strip-search innocent children. We have enough
trouble in this country trying to keep families
together without the government pitting parents
against children in their blundering investigations.

Press Release

December 4, 2007

http://www.lc.org/index.cfm?PID=14100&PRID=642

Appeals Court Considers State Responsibility for
Illegally Strip-Searching Children


Milwaukee, WI - Yesterday, Liberty Counsel argued at
the Seventh Circuit Court of Appeals in a case
involving a
state worker who made two elementary children undress
without parental consent.

The case is Michael C. v. Gresbach. The eight-year-old
boy, his nine-year-old sister and their parents are
represented by Stephen Crampton, Vice President of
Legal Affairs and General Counsel for Liberty Counsel,
and Wisconsin attorney Michael D. Dean. The appeals
court panel, consisting of Judges Bowman, Bauer and
Sykes, is expected to rule on this case in the spring.

The case involves Dana Gresbach, a social worker from
the Bureau of Milwaukee Child Welfare, who, acting on
a tip that Michael C. had spanked one of the children
with a plastic stick, decided to examine the children
at a Christian school. Gresbach entered the school and
had the principal bring the children to a private
room. She instructed the principal not to call their
parents and insisted on seeing the children alone.
Gresbach interrogated both students, forcing the boy
to raise his shirt and the girl to lift her jumper and
pull down her tights. Gresbach closed her
investigation after finding no evidence of abuse.

The trial court ruled that there was an obvious
violation of the students' Fourth Amendment right to
be free from an unreasonable search. Gresbach appealed
that ruling to the Seventh Circuit Court of Appeals.
In another federal lawsuit against the same bureau,
Doe v. Heck, the Seventh Circuit Court of Appeals held
that it is "patently unconstitutional" for government
officials to search and seize a child on private
school premises without a warrant or an emergency.

Stephen Crampton, Vice President of Legal Affairs and
General Counsel for Liberty Counsel, commented:
"Government social workers, like police officers, must
obtain a warrant, consent, or be acting in an
emergency before performing intrusive searches. While
the social workers should be empowered to protect
against actual abuse, they should not be given carte
blanche to barge into a private school on a whim and
strip-search innocent children. We have enough trouble
in this country trying to keep families together
without the government pitting parents against
children in their blundering investigations."


###

Liberty Counsel · Post Office Box 540774, Orlando, FL
32954 · (800) 671-1776 · ©Copyright 1995-2007


You can listen to the oral argument online via the
Seventh Circuit Court of Appeals web site:.
http://www.ca7.uscourts.gov/fdocs/docs.fwx?caseno=07-1756&submit=showdkt&yr=07&n\
um=1756


Seventh Circuit Court of Appeals
Public Access to Oral Argument recordings,
Opinions, Unpublished Orders,
and other selected case materials
View or Download Documents [RSS Feed for this case]
07-1756 : C., Michael v. Gresbach, Dana
Case Type: Civil ; Nature of Suit: Oth Civil
Rights-fed. Question

Doc Uploaded Filed Description

19 12/03/2007 12/03/2007 Oral Argument

http://www.ca7.uscourts.gov/fdocs/docs.fwx?caseno=07-1756&submit=showdkt&yr=07&n\
um=1756

==============================

"There is a certain enthusiasm in liberty, that makes
human nature rise above itself,in acts of bravery and
heroism."-- Alexander Hamilton








Jeff
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