Privacy, urine test, public employee, policy and procedure, cocaine, Fourth Amendment, immunity of public official.

An appeal follows a lower court's ruling that extended official immunity to one public official involved in a suit concerning the drug testing of public employees. Frederick Duarte, a firefighter with the Cambridge Fire Department, posted a positive result in a drug test that was part of a newly implemented policy. Duarte and other officers who posted positive results were dismissed by the village. Duarte filed suit against Robert Healy, the city manager and Thomas Scott, the fire chief. Duarte alleges violations of his civil rights.

A Superior Court judge rejected a request for injunctive relief for the plaintiffs. However, the court ruled that Scott and Healy had violated Duarte's rights under the Fourth and Fourteenth Amendments. The court allowed Duarte to amend his complaint. Upon review of the amended complaint, a second judge granted public-official immunity to Healy. The court denied immunity to Scott.

Scott and Healy win. The Supreme Court of Massachusetts disagreed with the Superior Court judge concerning Scott's lack of immunity. The court ruled that both defendants, as public officials, were immune from civil damages.