Justice Kathryn Freed
Defendants moved for dismissal of the complaint against all defendants in this matter emanating from a drug-related search of then infant plaintiff, Hirsch, and his subsequent suspension from high school. Mother moved for a temporary restraining order (TRO) enjoining defendants from conducting further searches of her son without her being present or from making defamatory statements about him. In opposing the TRO, defendants claimed they obtained extensive evidence supporting such opposition, including witnesses observing Hirsch smoking marijuana, the principal’s observation of Hirsch leading her to believe he was “high,” among other things. Defendants claimed a prior court’s ruling was law of the case, and plaintiffs’ claims directly related to the school’s conduct that was previously determined to be lawful. The court noted the granting or refusal of a temporary injunction did not constitute law of the case, but nevertheless found reasonable suspicion existed for the subject searches of Hirsch, thus they were legal. Hence, plaintiffs’ claims for abuse of process, unlawful suspension and unlawful search, among others, warranted dismissal. Thus, defendants’ motion for summary judgment was granted.
