L.P. v. Marion Catholic High School

Dist. Ct. did not err in granting defendants-school and school officials’ motion to dismiss plaintiffs-students’ section 1983 action alleging that defendants’ drug testing program produced false positive results for presence of drugs for plaintiffs’ six African-American students, and that said drug testing program was being administered in way that discriminated against plaintiffs on account of their race. Plaintiffs’ complaint did not allege that instant hair testing procedure had racially discriminatory impact, or that defendants’ tester was aware of race of person whose hair it had tested. Fact that plaintiffs’ subsequent drug tests showed absence of drugs in their system did not require different result. Also, plaintiffs could not bring section 1983 action against defendant-school guidance counselor, where plaintiffs’ complaint failed to allege that said defendant was state actor. Moreover, defendant-school’s funding came from federal funds, such that plaintiff could not bring action under section 1983, but could potentially bring action under different legal theory.