A lawsuit alleging that a Cumberland County Regional High School special education student was illegally searched in 2011 by security is moving to federal court due to the constitutional questions involved in the case.
Her attorney argues that the school violated her right to be free from unreasonable search and seizure and her right to privacy.
According to documents filed in federal court in Camden, on Jan. 10, 2011 freshman Samantha Bennett, who was 15 at the time, was searched by a man -- either a school security guard or member of the New Jersey State Police -- in view of other students and without parental notification. The search was prompted by "an unfounded allegation" that she was in possession of Percocet without a prescription, however authorities did not find any drugs on her, the suit claims.
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"What the school did was an outrageous violation of my client's constitutional rights," said Christopher Manganello, a Pitman-based attorney, representing Bennett.
Bennett, of Millville, claims she suffered emotional distress from the incident, left Cumberland Regional High School and was home schooled for the remainder of her high school education.
The lawsuit was originally filed in Cumberland County Superior Court on July 20, and named the Cumberland Regional Board of Education and the New Jersey State Police.
Along with infringing of her state and federal constitutional rights, the lawsuit also alleges that the search constituted assault, violated school policy, inflicted emotional distress and indicated negligence for the lack of proper training for security.
"We will vigorously defend the allegations within the complaint," said Stefani Schwartz, a Whippany-based attorney representing the school district.
With the consent of the school district and state police, the case was moved to U.S. District Court in Camden on Aug. 20, according to a notice issued by the state attorney general's office.
The lawsuit requests a jury trial, as well as damages and attorney's fees.
Don E. Woods may be reached at dwoods@njadvancemedia.com. Follow him on Twitter @donewoods1. Find the South Jersey Times on Facebook.