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BEVERLY WILCHER SHARON SMITH MICHAEL DANYLO CORNELIUS SKINNER WILMINGTON FIREFIGHTERS ASSOC. LOCAL 1590 Plaintiffs
vs.
CITY OF WILMINGTON JAMES A. SILLS JAMES T. WILMORE SR. CLIFTON E. ARMSTEAD S.A. WAYNE CROSSE WILLIAM J. YANONIS Defendants. CITY OF WILMINGTON Third Party Plaintiff v. SODAT-DELAWARE INC. Third Party Defendant.
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Issues:
Random testing, public employees, policy and procedure, collective bargaining, union issues, Fourth Amendment
Case Summary:
Firefighters for the City of Wilmington file a motion for re-argument in their suit against the city's random drug testing program. The firefighters filed a class-action to block the city's drug testing program. Specifically, the firefighters objected to a provision that called for the direct observation of a donor during the collection process. The firefighters considered the provision an invasion of privacy.
Decision of lower jurisdiction:
In its original hearing of the case, the United States District Court for the District of Delaware ruled that the city's drug testing program did not violate constitutionally protected rights. The firefighters now petition the same court for a re-argument of their case.
Outcome:
The firefighters lose. The district court rejected the firefighters' petition. The court ruled no new issues or facts were raised in the new petition. Therefore, the ruling of the original hearing remained intact.