Hamilton County Schools respond to lawsuit alleging student was - WRCBtv.com | Chattanooga News, Weather & Sports

Hamilton County Schools respond to lawsuit alleging student was strip-searched by school nurse

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CHATTANOOGA, TN (WRCB) -

The mother of a 5-year-old girl filed a lawsuit in November against Hamilton County Schools, saying her daughter was strip-searched by a school nurse without her knowledge.

Brandy Madden's daughter was a student at Apison Elementary School when she was diagnosed with congenital herpes.

She was treated at a doctor's office and given permission to return to school, after it was determined she was not contagious.

Madden says she was later shocked to learn the school nurse had been removing her daughter's clothing, without her permission, to check for lesions.

Because of that, Madden is suing the school system, for all medical expenses past and future, and citing emotional distress and suffering, humiliation and embarrassment.

A response from the Hamilton County Board of Education, released to Channel 3 Wednesday, alleges that Madden's daughter was "unable to self-toilet and was therefore dependent upon school officials to change her diaper."

The response continues to state  that "…this child had a diminished expectation of privacy such that any routine examination that school officials may have conducted during the course of routine diaper changing would not have violated any clearly established rights of the child…"

The lawsuit status is pending.

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