Public employee, pre-employment drug test, cocaine, policy and procedure, search.

John T. O'Connor, Jr., a former cadet with the Boston Police Department, appeals a lower court's ruling concerning his suit against the department. O'Connor submitted to the department's pre-employment drug test. He posted a positive result for cocaine and was subsequently dismissed from the training academy. His request for a second drug test was denied. O'Connor filed suit, claiming the department's test violated liberties protected by the federal and state constitutions. O'Connor petitioned for reinstatement to the department.

A Massachusetts Superior Court granted the department's motion to dismiss. The court rejected each of O'Connor's seven complaints. O'Connor now appeals.

O'Connor loses. The Supreme Judicial Court of Massachusetts affirmed the ruling of the lower jurisdiction. The court ruled that the department's efforts to insure public safety outweighed the individual officer's privacy rights. The court noted the department's policy clearly articulated the department's expectations and the consequences that would accompany a positive test result.