CHARLESTON, S.C. — Stratford High School students who were in a hallway two years ago when officers conducted a drug sweep with guns drawn would share a couple of million dollars under a tentative settlement agreement.
But lawyers on both sides caution the deal is far from done.
"Ultimately, the whole thing could fall apart," said Gregg Meyers, a lawyer for students, who were in the hallway at the time. "This is a work in progress."
Following the Nov. 5, 2003, drug search, 62 students and their families sued the Goose Creek Police Department and Berkeley County School District, claiming the sweep violated their constitutional rights. U.S. District Judge Michael Duffy combined two federal lawsuits into one in March 2004 and appointed a mediator. Previous settlement negotiations have broken down. The most recent talks started in August.
The before-school search turned up no drugs or weapons and officers made no arrests. But it triggered a national debate about the appropriate tactics for curbing student drug trafficking and use. Surveillance video of the sweep broadcast nationwide showed police ordering students to the floor, a student tackled by police and a barking police dog searching backpacks near cowering students.
"I think the agreement is an admission that police and school officials went too far that day," said Fritz Jekel, another lawyer for the students.
Duke Highfield, a lawyer representing the district, said, "there is no admission of fault by anyone. That's not the purpose of the settlement."
The proposed agreement would divide students into two groups: the students listed in the combined lawsuit, including some who sought medical treatment and counseling, and roughly 70 other students in the hallway that morning who have not filed suits.
The proposal would give students up to $15,000 each, depending on specific experiences and how many ultimately participate.
"Some are trying to decide if they're happy about it," Meyers said. "We felt comfortable recommending it."
Students could decide to opt out of the settlement. How many do that, and why, will determine whether the deal holds up.
The defendants' goal is to get the matter settled for good and not face more lawsuits in the future.
"The school district would like to have the manner resolved," Highfield said.
Following the sweep, the school board created a committee of parents and residents to review its drug search procedures. The changes, adopted in February 2004, limit searches to a specific area, require that only trained and reliable police dogs be used and prohibit physical contact between dogs and students. It also requires school officials make a "reasonable attempt" to contact students' parents before any interrogation.
The case was scheduled to go to trial in the spring. If these negotiations break down, lawyers would ask for more time to prepare.
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