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National Treasury Employees Union and Argent Acosta President Chapter 168 National Treasury Employees Union, Plaintiffs-Appellees
vs.
William Von RAAB Commissioner United States Customs Service, Defendant-Appellant
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Issues:
Random testing, public employee, policy and procedure, Fourth Amendment, chain of custody, safety, privacy, union issues.
Case Summary:
Officials with the U.S. Customs Service appeal a lower court's ruling that bars the agency from implementing a random drug testing program for employees in safety-sensitive positions. The agency's program called for the testing of armed employees involved in the interdiction of illicit drugs. The Union representing the employees filed suit, arguing the policy violated the employees' rights against unreasonable searches.
Decision of lower jurisdiction:
The U.S. District Court for the Eastern District of Louisiana issued a permanent injunction against the agency's drug testing program. Agency officials now appeal.
Outcome:
The agency wins. The U.S. District Court of Appeals for the Fifth Circuit vacated the ruling of the lower jurisdiction The court ruled that the testing program constituted a reasonable search.