Is it appropriate to seek declaratory relief in a school search case?

MultiRegion, United States of America

The following excerpt is from Bilbrey by Bilbrey v. Brown, 738 F.2d 1462 (9th Cir. 1984):

Moreover, a court declaration is a message not only to the parties but also to the public and has significant educational and lasting importance. It would be another marker along the road to implementation of Fourth Amendment rights. As appellants point out, courts that have held school searches unconstitutional have generally found it appropriate to enter declaratory relief even where defendants may also have been separately held entitled to immunity from damages. See Bellnier v. Lund, 438 F.Supp. at 55. See generally Pope v. Chew, 521 F.2d 400, 406 (4th Cir.1975).

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