DATE: Saturday, March 29, 1997              TAG: 9703290269

SECTION: LOCAL                   PAGE: B3   EDITION: FINAL 

SOURCE: BY MARC DAVIS, STAFF WRITER 

DATELINE: NORFOLK                           LENGTH:   41 lines

BOARD ASKS JUDGE TO DISMISS STUDENT-SEARCH SUIT

The School Board asked a judge Friday to throw out a lawsuit challenging random student searches.

In Circuit Court, the board argued that students are not in danger of imminent harm and will not be hurt irreparably - or at all - if the search policy continues.

The students seek a court injunction to stop the searches. They claim the searches are unreasonable and violate their constitutional rights. They are represented by the American Civil Liberties Union of Virginia.

After a one-hour hearing, Judge Marc Jacobson promised to rule within two weeks. If he denies the School Board's request, called a demurrer, then the case will be set for trial.

At Friday's hearing, an ACLU lawyer from Richmond said the students have dropped their demand for money damages for previous searches.

The lawsuit sought unspecified damages for previous violations of the students' rights.

The lawsuit was first filed in December by the ACLU on behalf of a student at Maury High School, Matthew Smith. In January, three more students joined the lawsuit: one student from Maury and two from Granby High School.

On Friday, ACLU attorney Mary Catherine Bauer said the other Maury student has dropped out of the case because he did not like the publicity. That leaves three plaintiffs: Smith, James A. DesRoches II and Graham Condon.

Bauer announced Friday in court that the students have dropped their demand for money damages for previous searches. Otherwise, the case might have been split into three separate lawsuits.

``I don't think any of them want money,'' Bauer said after the hearing. ``This case was never about money. None of these plaintiffs ever cared about anything but changing the policy.''

The three students are suing 15 defendants: the School Board, Superintendent Roy D. Nichols Jr., and 13 school officials and security guards. On Friday, the judge dismissed one defendant: John Felton, Granby's security coordinator. KEYWORDS: NORFOLK SCHOOLS STUDENT SEARCH LAWSUIT

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