Random testing, policy and procedure, public employee, Fourth Amendment.

Larry Aubrey, a custodian in a public school, appeals a lower court's decision to dismiss his suit against the school board. Aubrey claims that the school board's random drug testing policy violates his Fourth Amendment rights. The policy requires all employees holding safety-sensitive positions to submit to random testing. The school board responds with a motion for summary judgment.

The United States District Court for Western Louisiana granted the school board's motion for summary judgment. The court ruled that the school board had an interest in protecting the safety of the students. Aubrey now appeals.

Aubrey wins. The United States Court of Appeals for the Fifth Circuit reversed the decision of the lower jurisdiction and remanded the case for additional action. The appeals court ordered the school district to provide written descriptions of safety-sensitive positions and a summary of the duties Aubrey performed.