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M.M. v. ANKER

Nos. 170, 171, Dockets 79-7368, 79-7391.

607 F.2d 588 (1979)

M.M., a minor by her mother and next friend, C.M., and M.F., a minor by her mother and next friend, A.F., Plaintiffs-Appellants Cross-Appellee, v. Irving ANKER, Stephen R. Aiello, Joseph Barkan, Amelia Ash, Robert Christen, Luis Rivera, James Regan, Isaiah Robinson, Jr., Carlton Irish, Lester Speiser, Lucille Amicone, Stephen Heitner, Ira Ewen, Jerome Katz, Alan Solo and John and Jane Doe each Individually and in their official capacity, Defendants, Stephen Heitner and Lucille Amicone, Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 19, 1979.

Attorney(s) appearing for the Case

Richard Emery, New York City, New York Civil Liberties Union, for plaintiffs-appellants cross-appellee.

Eugene B. Nathanson, New York City (Allen G. Schwartz, Corp. Counsel, L. Kevin Sheridan, New York City, of counsel), for defendants-appellees cross-appellants.

Before KAUFMAN, Chief Judge, and FEINBERG and SMITH, Circuit Judges.

PER CURIAM:

We affirm on Judge Dooling's opinion, reported at 477 F.Supp. 837, No. 78 C 492 (E.D.N.Y. Feb. 6, 1979).

For purposes of clarifying our holding, we note our agreement with Judge Dooling that there are searches in the school enclave that satisfy Fourth Amendment requirements when based on less than probable cause. Judge Dooling was also correct in finding that the initial decision to search M.M. was predicated...

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