American Federation of Government Employees, Council 33 v. Meese

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER GRANTING PRELIMINARY INJUNCTION

I.Summary of Decision

On January 25, 1988, the Federal Bureau of Prisons of the United States Department of Justice (the Bureau) adopted its “Federal Bureau of Prisons Drug-Free Workplace Program” (the Program). The Program would force law abiding employees of the Bureau, on two hours telephone notice, to submit to urinalysis testing even though not suspected of any drug use nor of any wrongdoing, negligence or dereliction of duty. Plaintiffs challenge the constitutionality of such testing, asserting that it violates Bureau employees’ Fourth Amendment right to be free from unreasonable search.

The Bureau’s proffered justifications for implementation of mass urinalysis testing are not supported by objective evidence. Therefore, the compulsory testing violates plaintiffs’ constitutional rights under the Fourth Amendment, to be “secure in their persons ... against unreasonable searches.” While the Court recognizes the serious problem of drug abuse facing our nation, the means of combatting it must be lawful.

There are cases in which compulsory drug testing may be justified in the interest of public…