prescription drugs

Safford Unified School District # 1 v. Redding

Issues

Whether the Fourth Amendment requires a stricter standard than reasonableness for student strip-searches, and if so, whether school officials conducting a strip-search have qualified immunity from suit for violation of Fourth Amendment rights.

Safford middle school officials strip-searched thirteen-year-old Savana Redding, seeking prescription-strength ibuprofen pills based on uncorroborated information from another student that Savana possessed ibuprofen in an unspecified time and location. This case concerns whether the school violated Redding's Fourth Amendment right to be free from unreasonable searches and, if so, whether qualified immunity shields the school officials from liability. After a District Court and a Ninth Circuit panel found the search to be lawful, the Ninth Circuit reheard the case en banc; it reversed and held that qualified immunity did not protect the school official who ordered the search. Petitioners Safford Unified School District #1, et al. argue that the search was reasonable given the fellow student's tip and the threat of prescription drug abuse, but that even if it was not, school officials must have qualified immunity so they are free to exercise their judgment regarding drug abuse in schools. They argue that a decision in Respondent's favor would hamper school officials' ability to respond in the face of threats to student safety in school. Respondent April Redding argues that a strip search was unreasonable because the school lacked any indication that Savana had pills hidden in her undergarments, and that the school officials should be held responsible. She argues that a decision for Petitioner would enable school officials to conduct highly invasive searches based on only minimal, vague suspicion. This case promises guidance both to school officials seeking to carry out their duties effectively without violating students' rights and to lower courts responsible for assessing school officials' conduct.

Questions as Framed for the Court by the Parties

(1) Whether the Fourth Amendment prohibits public school officials from conducting a search of a student suspected of possessing and distributing a prescription drug on campus in violation of school policy.

(2) Whether the Ninth Circuit departed from established principles of qualified immunity in holding that a public school administrator may be liable in a damages lawsuit under 42 U.S.C. § 1983 for conducting a search of a student suspected of possessing and distributing a prescription drug on campus.

In the fall of 2003, Safford Middle School officials were concerned about the distribution of prescription and over-the-counter-drugs among students. See Redding v. Safford Unified School District 531 F.3d 1071, 1075-76 (9th Cir. 2008). Bringing medicine on campus without permission violated school rules, and a student had recently become ill after ingesting a pill he allegedly received from a classmate.

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Warner-Lambert Co. v. Kent

 

Under Michigan law, individuals may bring personal injury suits against manufacturers of FDA-approved prescription drugs only if the plaintiffs can show that FDA approval depended on fraudulent submission or withholding of information. 27 Michigan residents sued Warner-Lambert Co., claiming personal injury arising from using Rezulin, Warner-Lambert's FDA-approved drug for diabetes treatment. Warner-Lambert argues that Michigan law is preempted by federal law because permitting state courts to second-guess the FDA's product-approval and fraud-detection processes interferes with the agency's essential functions and promotes regulatory uncertainty. The Michigan plaintiffs respond that federal preemption does not apply to traditional state tort claims. The decision in this case will clarify the scope of FDA autonomy in policing the drug-approval process and plaintiffs' freedom to assert state tort claims in areas regulated by federal entities.

Questions as Framed for the Court by the Parties

1. Whether, under the conflict preemption principles in Buckman Co. v. Plaintiffs' Legal Comm., 531 U.S. 341 (2001), federal law preempts state law to the extent that it requires the fact-finder to determine whether the defendant committed fraud on a federal agency that impacted the agency's product approval, where the agency-which is authorized by Congress to investigate and determine fraud-has not found any such fraud, and thus-as in Buckman-the state requirement would interfere with the agency's critical functions.

2. Whether, under the conflict preemption principles in Buckman, federal law preempts the provision in a Michigan statute that allows a product liability claim to be maintained against a manufacturer of an FDA approved drug where, without an FDA finding of fraud on that agency, the fact-finder is required to make a finding under state law as to whether the manufacturer committed fraud-on-the-FDA and whether, in the absence of that fraud, the FDA would not have approved the drug.

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