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GRUENKE v. SEIP

No. 98-2041.

225 F.3d 290 (2000)

Joan GRUENKE, Individually and as parent and natural guardian of Leah Gruenke, a minor, Appellant, v. Michael SEIP.

United States Court of Appeals, Third Circuit.

Filed August 21, 2000.

Attorney(s) appearing for the Case

Richard J. Orloski, (Argued), Orloski, Hinga & Pandaleon, Allentown, PA, Attorney for Appellant.

Richard A. Polachek, (Argued), Polachek, Pecile & Smith, Wilkes-Barre, PA, Attorney for Appellee.

Before: ROTH and WEIS, Circuit Judges, SHADUR, District Judge.

OPINION OF THE COURT

ROTH, Circuit Judge

Emmaus High School swim team coach, Michael Seip, suspected that team member, Leah Gruenke, was pregnant. Despite Leah's repeated denials of pregnancy, Seip allegedly required Leah to take a pregnancy test. Leah and her mother, Joan, have now sued Seip under 42 U.S.C. § 1983, claiming that the pregnancy test, and the actions surrounding it, constituted an illegal search in violation of Leah's Fourth Amendment...

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