Fourth amendment, due process, random drug test, dismissal

Parker is terminated from his job after drug test results show a positive use of drugs. Parker arranges to have two additional samples tested. Both samples produce negative results for drugs. Parker argues the test performed by his employer violated his Fourth and Fifth Amendment rights The defendant files a motion to dismiss, arguing that Parker's rights were not violated and the federal court lacks jurisdiction over this matter.

The U.S. District Court rules that it does not have jurisdiction and grants the defendant's motion to dismiss.

Parker loses.