Drug testing, refusal, due process, public employee, policy and procedure, reasonable suspicion, Fourth and Fourteenth Amendments.

Tommy Everett, a firefighter with the City of Atlanta, appeals a court ruling concerning his termination. City officials initiated an internal investigation after receiving reports of widespread drug use by city firefighters. During the internal review, one firefighter admitted to selling illegal drugs to several fellow firefighters. He named Everett as one of the firefighters using drugs. Everett's supervisors asked him to submit to a drug test. He refused and was placed on suspension. A review panel determined that Everett violated three specific provisions of the city's employment rules and approved his termination. Everett filed suit, alleging violations of his civil rights and stating a claim of state tort. City officials responded with a motion for summary judgment.

A U.S. District Court granted the city's motion for summary judgment. Everett now appeals.

A split decision. The U.S. Court of Appeals for the Eleventh Circuit affirmed in part, reversed in part and remanded the case for additional action. The appeals court instructed the district court to reconsider its conclusion concerning Everett's complaint alleging a claim of state tort.