Weymouth Public Schools Sued Over Breathalyzer Test

Two former Weymouth High School students say their civil rights were violated when they were given a breathalyzer test at the 2012 homecoming dance.

In the incident, Paige Lambert and her friend, identified as Jane Doe, were pulled aside after someone said they were drinking, according to the Boston Globe. Both denied drinking alcohol, but a breathalyzer test for both girls came out positive. The girls were suspended for nine days and ordered to attend a drug and alcohol rehabilitation program.

The lawsuit alleges that the plaintiff’s civil rights were violated because the school lacked a reasonable case and the test amounted to an illegal “search and seizure.” In addition, being suspended under a zero tolerance policy violated their rights to due process, according to the lawsuit.

Weymouth school district attorney John Davis said he plans to ask for the case to be dismissed since an identical lawsuit from the plaintiffs Norfolk Superior Court was dismissed on procedural grounds in October 2014.