Castaneda v. Wendel
Published: May 10, 2008 | Result Date: May 2, 2007 | Filing Date: Jan. 1, 1900 |Case number: 05CV00604(OWW) Settlement – $140,000
Facts
Plaintiffs G.C., M.D., E.H. and A.M, were all students at defendant Livingston High School. On Dec. 3, 2004, another student at the school reported that she was missing $21 during a physical education class. The plaintiffs claimed defendants vice-principal Dalila Hernandez and P.E. teacher Luciana Naldi along with defendant Livingston Police Department officer Mike Akers went to the girls' locker room in order to locate the money. The defendants then searched plaintiffs' belongings and strip-searched plaintiffs.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs alleged assault, false imprisonment, intentional and negligent infliction of emotional distress, and other statutory and constitutional violations. The plaintiffs claimed that defendant principal Robert Wendel authorized the other defendants to strip-search the plaintiffs in front of a large window where they could be seen by other students. They further alleged that defendants Hernandez and Naldi pulled their undergarments away from their bodies to view their bodies. The plaintiffs claimed the $21 was never found and no charges were filed against plaintiffs.
Result
The parties settled for $140,000. Plaintiff E.H. received $45,000 from defendants.
Other Information
FILING DATE: May 4, 2005.
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