Random testing, marijuana, public employee, policy and procedure, due process, safety.

Thomas B. Stueart, a former officer with the Arkansas State Police, appeals a lower court's decision affirming his termination from the agency. Stueart posted a positive result for marijuana in a mandatory drug test. Stueart was dismissed from the department for violating the agency's drug policy. Stueart appealed to the Arkansas State Police Commission, which upheld his dismissal. Stueart filed suit, claiming the agency violated its established policy when it failed to have his test results analyzed by a medical review officer.

The Pulaski County Circuit Court affirmed the commission's decision to terminate the officer. Stueart now appeals.

Stueart wins. The Arkansas Supreme Court reversed the decision of the lower jurisdiction. The court ruled that the commission violated its own policy by failing to have a designated medical review officer review the results of Stueart's drug test. The court ordered the commission to reinstate Stueart and remanded the case to the trial court for appropriate action.