LUFKIN, TX (KTRE) - The father of a fourth-grader who had his rear-end checked for evidence of feces at a Sabine County school is suing the school, saying faculty violated his son's Fourth Amendment rights.
Wes Little and his Lufkin attorney, Brent Watkins, have filed the lawsuit in federal court against West Sabine ISD, Principal Deborah Lane and school nurse Jo Ann Clark.
"My thought was that the school had taken this too far," Watkins said.
The lawsuit comes two weeks after Lane and Clark checked every fourth-grader for evidence to find out who had defecated on the gym floor.
School staff say they only peeked inside their pants. However, the lawsuit alleges Clark pulled each child's pants and underwear down past their buttocks.
"In this case even if they had, which they didn't find any feces I don't know that would've been proof they were looking for," Watkins said. "I don't know that would have given sufficient proof to say that this child is the child that was defecating on the gym floor."
In the complaint, Little argues his son's Fourth Amendment rights were violated because of the "supposed school infraction and the limited likelihood of injury to the student populace."
The Fourth Amendment guards against unreasonable searches and seizures.
"Right now Mr. Little wants to bring public attention to this incident to make sure that it doesn't happen again," Watkins said.