Guiney v. Roache
| Decision Date | 07 February 1989 |
| Docket Number | No. 88-1728,88-1728 |
| Citation | 873 F.2d 1557 |
| Parties | Robert GUINEY, etc., Plaintiff, Appellee, v. Francis M. ROACHE, etc., Defendant, Appellant. . Heard |
| Court | U.S. Court of Appeals — First Circuit |
Kevin S. McDermott with whom James F. Hart, Boston, Mass., and Nancy Wintersteen were on brief, for appellant.
Lowell V. Sturgill, Civ. Div., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Washington, D.C., Frank L. McNamara, Jr., U.S. Atty., Boston, Mass., and Leonard Schaitman, Civ. Div., Dept. of Justice, Washington, D.C., were on brief, for U.S., amicus curiae.
Frank J. McGee with whom Steven M. Guiney and McGee & Phillips, Marshfield, Mass., were on brief, for appellee.
Charles R. Dougherty, Hill & Barlow, David Hoffman and Emily Lichtenstein, Boston, Mass., on brief, for Massachusetts Civ. Liberties Union Foundation, amicus curiae.
Before BOWNES, ALDRICH and BREYER, Circuit Judges.
On April 24, 1986, the Boston Police Department issued Rule 111. That rule, in its relevant part, requires random drug testing of "all sworn and civilian personnel of the Boston Police Department." The appellee, Robert G. Guiney, president of the Boston Police Patrolmen's Association, and acting as its representative, filed suit against the Police Commissioner asking the district court to declare that the random drug testing program violated the Fourth and Fourteenth Amendments to the Constitution of the United States. The district court so found, 686 F.Supp. 956, and the Police Commissioner has appealed.
Subsequently, the Supreme Court, in National Treasury Employees v. Von Raab, --- U.S. ----, 109 S.Ct. 1384, 103 L.Ed.2d 685 (1989), held constitutional a drug testing program that the Customs Service applied (without suspecting any individual of any drug use) to customs employees who carry firearms, and to customs officials who help to enforce the drug laws. The Court, however, did not decide whether the Service could apply its testing program to other employees who handled "classified materials." Instead, the Court remanded the case, asking the lower court to develop a record that would help determine, and permit the court to weigh the significance of, the reasons for including the latter category of employees in the drug testing program.
The record in our case makes clear that the drug testing before us applies to police officers who carry firearms and to those who participate in drug...
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Rawlings v. Police Dept. of Jersey City, N.J.
...is less drastic than the deprivation of life or liberty. The challenged order contemplates neither random drug testing, see Guiney v. Roache, 873 F.2d 1557 (1st Cir.) (finding no Fourth Amendment violation from police department rule requiring suspicionless random drug testing of all office......
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University of Colorado Through Regents of University of Colorado v. Derdeyn
...1199, 1201 (7th Cir.1989); and police officers who carry firearms or participate in drug interdiction efforts, Guiney v. Roache, 873 F.2d 1557, 1558 (1st Cir.1989) (per curiam). At the same time, courts have found insufficient governmental interests to uphold suspicionless urinalysis-drug-t......
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Luck v. Southern Pacific Transportation Co.
...1199, 1201); and sworn and civilian police personnel who carry firearms or participate in drug interdiction efforts (Guiney v. Roache (1st Cir.1989) 873 F.2d 1557, 1558, U.S. app. pending). These courts have found insufficient governmental interests to uphold urinalysis testing of criminal ......
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Guiney v. Police Com'r of Boston
...of the United States. Any claim of a violation of the Fourth Amendment seems foreclosed by the determination in Guiney v. Roache, 873 F.2d 1557, 1558 (1st Cir.), cert. denied, 493 U.S. 963, 110 S.Ct. 404, 107 L.Ed.2d 370 (1989). That court held, in light of National Treasury Employees Union......