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DAVID F. BALLY
vs.
NORTHEASTERN UNIVERSITY


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Issues:
Drugs, random testing, privacy.
 
Case Summary:
David Bally, a member of Northeastern University's cross country, and track teams, files suit against the university's policy of drug testing student athletes Bally claimed the school's policy, required for athletes participating in NCAA-sanctioned events., violated his privacy rights. He initiated legal proceedings before the State Supreme Court. The court denied Bally's motion for a preliminary injunction and transferred the case to the Superior Court of Suffolk County.
 
Decision of lower jurisdiction:
The Superior Court judge found for Bally on two counts - declaring that the university's testing program violated the state's privacy statute. However, the judge granted the university summary judgment on the third count of the complaint, which alleged that the school had violated its contractual duties to Bally. Northeastern appealed the decision.
 
Outcome:
Northeastern University wins. The Massachusetts Supreme Court ruled that the superior court judge had erred on both counts favorable to Bally. The court ruled that Bally was not entitled to relief because he had failed to prove that his civil rights had been interfered with through the established criteria of the Massachusetts Civil Rights Act. Judgment reversed.