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THE FRATERNAL ORDER OF POLICE NEWARK LODGE NO. 12 A NOT-FOR-PROFIT CORPORATION OF THE STATE OF NEW JERSEY ON BEHALF OF ITS MEMBERS ET AL. PLAINTIFFS-APPELLANTS
vs.
THECITY OF NEWARK A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY ET AL. DEFENDANTS-RESPONDENTS
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Issues:
Public employee, random testing, policy and procedure, union issues, collective bargaining, Fourth Amendment.
Case Summary:
Officers with the Newark City Police Department appeal a lower court's ruling that approved a random drug testing program proposed by the city. The Fraternal Order of Police, the union representing the officers, filed suit to stop a city plan to drug test all new hires and members of the department's narcotics division. The union claims the testing program violates rights protected by the Fourth Amendment.
Decision of lower jurisdiction:
The Law Division of the Superior Court of Essex County ruled there was no constitutional "inhibitions" to the city's testing program. The union now appeals.
Outcome:
The City of Newark loses. The Appellate Division of the Superior Court reversed the ruling of the lower jurisdiction and remanded for additional review.