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KEITH ROBERTS, Plaintiff-Appellee,
vs.
CITY OF NEWPORT NEWS; ED MARONEY, City Manager; CAROLINE HURT, Director of Personnel; L. L. ORIE, Fire Chief, Defendants-Appellants.
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Issues:
Reasonable suspicion, public employee, refusal, safety, policy and procedure, evidence, cocaine, alcohol, Fourth Amendment.
Case Summary:
Officials with the City of Newport News appeal a lower court's ruling in a suit involving a former city employee. Keith Roberts, a former city firefighter, filed suit against the city after he was dismissed for refusing to submit to drug test. City fire officials placed Roberts on a testing program after he admitted to drinking alcohol while on duty. Roberts complied with the order to submit to a breath test but refused to provide a urine sample if officials intended to test for drugs other than alcohol. City officials first suspended Robert and later terminated his employment. City officials responded to Roberts's suit with a motion for summary judgment on the grounds that they were covered by qualified immunity.
Decision of lower jurisdiction:
A district court ruled that the officials were not shielded by qualified immunity in this case. The city officials now appeal.
Outcome:
The officials loses. The U. S. Court of Appeals for the Fourth Circuit affirmed the ruling of the lower jurisdiction.