Seventh Circuit Court of Appeals has ruled in favor of two Wisconsin children who were strip-searched by a state social worker at a private Christian school. The court unanimously ruled that the social worker, Dana Gresbach, violated the Fourth Amendment rights of the children to be free from an unreasonable search.

The eight-year-old boy, his nine-year-old sister and their parents are represented by Stephen Crampton, Vice President of Legal Affairs and General Counsel for Liberty Counsel, and Wisconsin attorney Michael D. Dean.

The court held the social worker personally responsible for violating the students' rights because the the law in this area is so clear that she should have known her actions were unconstitutional. Although the school principal allowed the social worker to interview the students, that permission was not the same as consent to a physical search.

Gresbach was an employee of the Bureau of Milwaukee Child Welfare, which was previously found to have violated the constitutional rights of a child at a private Christian school, and also the rights of the school and the child’s parents under remarkably similar circumstances. Crampton and Dean also represented the parents in that case.

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