Drug testing, public employee, pre-employment testing, random testing, return-to-duty testing, reasonable suspicion, policy and procedure, Fourth Amendment.

Phyllis Romaguera, an employee of Clerk of the Court for the 24th Judicial District Court, Parish of Jefferson, filed suit to block her employer's efforts to introduce an expansive drug testing program for employees throughout the department. Romaguera petitioned the court for a permanent injunction. Romaguera and other employees argued the policy was unconstitutional.

A district court issued a preliminary injunction against the clerk's drug testing policy. The clerk appealed to the Fifth Circuit Court of Appeals. The appeals court vacated a preliminary injunction that had been ordered against the testing program and remanded for trial on the plaintiff's motion for a permanent injunction.

Romaguera wins. The U. S. District Court for the Eastern District of Louisiana issued an injunction against the clerk's efforts to include Romaguera in a random drug testing program. The court stated that the clerk's random drug testing policy could not be considered reasonable under the Fourth Amendment. However, the court noted the general policy was not at issue here. The court stated its ruling applied only to Romaguera's complaint and did not impact the clerk's overall drug testing program.