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TOMMY L. EVERETT
vs.
GEORGE NAPPER, et al.
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Issues:
Drug testing, reasonable suspicion, refusal to drug test, safety, evidence, public employees, policy and procedure
Case Summary:
Tommy Everett, a former Atlanta firefighter, appeals his termination. City administrators moved to terminate Everett's employment for refusing to participate in a department-wide drug screening. An informant told investigators Everett and other firefighters regularly used drugs. Department officials recommended Everett's dismissal for misconduct.
Decision of lower jurisdiction:
A city oversight board ruled authorized Everett's termination. Everett now appeals.
Outcome:
Everett loses: The U.S. District Court for the Northern District of Georgia, Atlanta Division, granted the city's motion for summary judgment. The court ruled overwhelming evidence supported the city's decision to terminate Everett's employment.