Union issues, public employee, return to duty testing, Fourth Amendment, policy and procedure, statute of limitations, collective bargaining

Darryl Jacobs files suit exactly three years after he dismissed from his job with the Village of Tuckahoe for posting a positive result in a drug screening. The union representing Jacobs requested the test because of his frequent absenteeism. When Jacobs posted a positive result he was given the option of enrolling in a treatment program or accepting immediate dismissal. Jacobs refused treatment and was dismissed. He contends the test violated his Fourth amendment rights. The defendant submits a motion to dismiss the complaint.

The Village of Tuckahoe terminated Jacobs's employment when he refused to enter a treatment program after testing positive in a drug test.

Jacobs loses. The United State District Court for the Southern District of New York ruled that the statute of limitations had expired on the date of the cause of action. The court approved defendant's motion to dismiss.