Sexting Case

A 19 year old student is suing her former high school for an illegal search that they conducted on her cell phone.  The former female student alleges that school officials invaded her privacy and violated her free-speech rights when they confiscated her cell phone, found semi-nude photos stored inside and turned the phone over to authorities.

The lawsuit alleges that the trouble began after a teacher confiscated the cell phone of the student, identified in the suit only as N.N., when she broke school rules by making a call on campus in January 2009.

She was later called to Principal Gregory Ellsworth’s office, suspended for three days and told that her cell phone had been turned over to authorities after Ellsworth found semi-nude and nude photos inside, the lawsuit says.

When other students at the same high school were caught allegedly sending nude and semi-nude photos on their cell phones last year, the Wyoming District Attorney General gave them a similar choice: taking re-education classes or facing charges.

The lawsuit says N.N.’s photos were never printed, distributed or uploaded on the Internet and were intended to be seen only by the student and possibly by her long-time boyfriend.

The lawsuit seeks damages, reimbursement for the re-education course she was required to take and the deletion of any stored copies of the photographs.

As technology continues to expand and enter into our lifes, new and more interesting types of cases will emerge to address those new advances.