Post-accident testing, policy and procedure, private right of action.

Michael Luecke, an employee of Schnuck's Market, Inc., appeals a district court's ruling in his suit against the company. Luecke injured his hand in a work-related accident. Following medical treatment for his injury, Luecke was ordered to strip and submit to a post-accident drug test. Luecke told medical personnel he would remove all his clothes except for the shirt sleeve that extended over his bandaged hand. The medical personnel did not accept this suggestion. Luecke left the medical facility without providing a urine sample. His supervisor telephoned Luecke's wife and told her that Luecke refused to participate in the test and might be fired. Luecke submitted to the test the next day and posted a negative result. He subsequently filed suit in state court against the company for defamation of character. Schnuck's successfully petitioned to have the case transferred to a federal court and submitted a motion for summary judgment.

The U. S. District Court for the Eastern District of Missouri granted the company's motion for summary judgment. Luecke now appeals.

Luecke wins. The U. S. Court of Appeals for the Eighth Circuit remanded the case to the lower federal jurisdiction with instructions to remand the case to the state court from which it was removed. The court ruled that federal statute did not apply to Luecke's complaint.