Judge Michael Daly Hawkins, dissenting, said the case was in some ways “a close call...”
“Do we really want to encourage cases,” Professor Arum asked, “where students and parents are seeking monetary damages against educators in such school-specific matters where reasonable people can disagree about what is appropriate under the circumstances?”
Of course not. The last thing we need are people in authority who have to worry about the consequences of their actions. Administrators shouldn't have to worry about either the effects of a search on its target or the possible future effects on themselves should they be sued. Phone companies shouldn't have to worry about the effects on the privacy of their customers if they allow the government to proceed with unlawful searches, and they certainly shouldn't have to worry about effects on their future bottom lines if they're assessed damages. Interrogators shouldn't have to worry about the pain they subject their subjects to, neither should they worry that they'll be held accountable. Police shouldn't have to worry about the health of those they shoot or tase, and shouldn't fear prosecution if their actions kill someone.
No one in authority should ever have to worry about the consequences of their actions. Such concerns are only for the little people. What's the point of having a position of authority if your use of power can be questioned? Where's the fun in that?