School strip searched five-year-old special needs girl on a daily basis for several weeks without her mother's consent or knowledge

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Brandy Madden of Chattanooga, Tennessee, claims a school nurse removed her daughter's clothing without first seeking her permission
Her daughter, then 5, suffers from Congenital herpes simplex
Her lawsuit claims the school broke its own rules by failing to notify her
They claim her child had a diminished expectation of privacy because she was 'unable to self-toilet'
Madden has filed a lawsuit against the local school district claiming 'great emotional distress and suffering, humiliation and embarrassment'

Published: 14:40 EDT, 5 December 2013 | Updated: 14:50 EDT, 5 December 2013

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A mother is suing her local school district after complaining that her five-year-old daughter was strip-searched on a daily basis over a period of several weeks by a school nurse without her knowledge.

Brandy Madden of Chattanooga, Tennessee, filed the lawsuit against Hamilton County School on Wednesday.

Madden's unnamed daughter was a special needs student at Apison Elementary School.

Brandy Madden is suing her local school district in Tennessee after complaining that her five-year-old daughter was strip-searched on a regular basis without her knowledge

According to the lawsuit, Madden gave written notice by the school in August 2012 that her daughter had congenital herpes simplex and indicated how to treat it.

The suit says the school never contacted the mother about the issue until Nov. 12, 2012, when the mother was called and told that it was urgent that she leave work and pick up her child from school because ‘she was contagious.’

The girl was treated at a doctor's office and given permission to return to school, after it was determined she was not contagious.

Madden says she was later shocked to learn the school nurse had been removing her daughter's clothing, without her permission, to check for lesions.

The incident happened while Brandy Madden's daughter was a special needs student at Apison Elementary School in Tennessee

Madden says she gave written notice to the school in August 2012 that her daughter had congenital herpes simplex, but the school never contacted her Nov 2012 when she was told to pick up her child because 'she was contagious'

KIDS WITH HERPES TYPICALLY GET INFECTED WHILE IN THE WOMB

Congenital herpes simplex is an infection caused by exposure in the uterus.

Babies typically contract it in the birth canal during delivery, although in rare circumstances, it is possible to be infected in the uterus or immediately after birth.

Herpes affects about 30 out of every 100,000 babies.

The most common form is a localized skin infection of small, fluid-filled blisters on the skin and around the eyes and mouth that burst, crust over and then heal.

Source: Childrenshospital.org

The lawsuit claims that the school failed to follow their own guidelines, failed to provide the school nurse with adequate training and negligently searched the girl and negligently kept her from attending school.

As a result, she is now suing the school system, for ‘great emotional distress and suffering, humiliation and embarrassment, and for all medical expenses past and future.’

Madden also claims that she lost her job as a consequence of having to take several off work to handle the matter.

A response from the Hamilton County Board of Education alleges that Madden's daughter was ‘unable to self-toilet and was therefore dependent upon school officials to change her diaper,’ reports WRCB.

The response continues to state that ‘…this child had a diminished expectation of privacy such that any routine examination that school officials may have conducted during the course of routine diaper changing would not have violated any clearly established rights of the child…’