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IN THE MATTER OF THOMAS CALDWELL HERBERT DOWNING AND GERALD NEAL, PETITIONERS/APPELLANTS/CROSS-RESPONDENTS
vs.
NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT/RESPONDENT/CROSS-APPELLANT
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Issues:
Random drug testing, due process, reasonable suspicion, public employee, public policy.
Case Summary:
Thomas Caldwell, Herbert Downing, and Gerald Neal, officers with the New Jersey Department of Corrections appeal a state review board's decision that upholds the termination of their employment. The three were dismissed after they refused to submit to a drug test. The drug screening was prompted by an internal investigation that revealed widespread drug use by inmates and correctional officers.
Decision of lower jurisdiction:
The state's Merit System Board affirmed the department's decision to terminate the employment of the three correctional officers. The board cited the existence of reasonable suspicion of drug use. However, the court awarded Caldwell, Downing, and Neal back pay for a period of time in which the board ruled their due process rights had been violated. The three appeal their dismissal and the DOC files a cross appeal of the monetary award.
Outcome:
Caldwell, Downing and Neal lose. The Appellate Division of the Superior Court affirmed the merit board's ruling. The court also overturned the board's decision to award damages to the three.