A lawsuit filed in the United States District Court for the Northern District of Illinois alleges that a middle school student was subjected to an unlawful strip search by school officials. The complaint, filed on June 25, 2024, by Becky and Blake Erdmann on behalf of their minor child, Jane Doe, names the District 93 Board of Education and three staff members from Jay Stream Middle School as defendants.
According to the filing, Jane Doe is a transgender student who has faced significant bullying and anxiety issues. On January 26, 2024, social worker Brittney Gergen pulled Doe out of class to discuss an anonymous tip about self-harm content on his private TikTok account. Despite Doe's discomfort and repeated requests to call his mother, Gergen insisted on a physical examination for signs of self-harm. The situation escalated when another social worker, Mallory Pierce, joined them and supported Gergen's demands. Ultimately, Doe was coerced into partially undressing in front of Gergen and school nurse Tammy Ries in a dark corner of the nurse’s office.
The plaintiffs argue that this incident violated multiple constitutional rights under the Fourth and Fourteenth Amendments, including protections against unreasonable searches and seizures. They also claim violations under Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA), citing that Doe's anxiety disorder was not appropriately accommodated during this traumatic event. The complaint further alleges that school officials failed to follow established protocols for handling such situations.
Becky Erdmann was only contacted after her son had been forced to partially undress. She expressed her frustration over previous false reports about her son's mental health on social media platforms like TikTok. The principal later acknowledged that proper procedures were not followed during this incident.
The plaintiffs are seeking compensatory damages exceeding $100,000 for emotional distress, humiliation, and other psychological injuries sustained by Jane Doe due to what they describe as willful misconduct by school officials. They demand changes in policy enforcement to prevent future occurrences.
Representing the plaintiffs is attorney John C. Kreamer from Kreamer Law Group LLC. The case has been assigned Case ID: 1:24-cv-05310.