|
|
|
ACLU to appeal court ruling in Missouri drug testing case
Court News Feed |
2015/12/05 16:52
|
The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs.
Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Jefferson City News Tribune that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges.
“We intend to request both,” Rothert said. “While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent.”
The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College’s Board of Regents approved in June of that year. The school since has changed its name to State Technical College of Missouri.
The lawsuit argued the policy violated the students’ Fourth Amendment right “to be secure . against unreasonable searches and seizures.”
When it started the program, the school said the testing policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students.”
Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested.
U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow.
|
|
|
|
|
|
|
 |
Intellectual Property Law |
|
|
Legal Professional Business |
|
|
Medical Malpractice Issues |
|
|
Mergers & Acquisitions Matters |
|
|
Political and Legal Trends |
|
|
Venture Business Articles |
|
|
Careers in the Legal Sector |
|
|
Legal Outlook & Information |
|
|
|
|
| © www.timelegalnews.com. All rights reserved.
The content and articles provided on this website have been prepared by Time Legal News as an informational source and service to the legal internet community and is not to act or constitute as any type of legal advice or consultation with an actual licensed attorney or legal professional in any case or circumstance.Time Legal News blog posts and comments are available for educational purposes only and should not be used to determine or valuate a legal situation or matter. Affordable Law Firm Website Design
|
|
Time Legal News RSS Feed
