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VOL. 37 | NO. 12 | Friday, March 22, 2013
Court: School nurse exam maybe not illegal search
NASHVILLE (AP) — A federal appeals court has ruled in favor of a Nashville school nurse who was sued after she visually examined a 6-year-old student who complained of genital discomfort.
A three-judge panel of the 6th U.S. Circuit Court of Appeals said in a ruling published Wednesday in Cincinnati that nurse Karen Sliwowski is entitled to qualified immunity from a lawsuit filed by the student's mother.
The suit said the mother didn't consent to the 2009 genital examination so it amounted to an illegal search of the student, who's identified only by her initials.
The court said it wasn't clear the 2009 exam, done for medical reasons on a child with a history of bladder infections, violated the Fourth Amendment.
The case was returned to the district court for a new hearing.