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LOVVORN v. CITY OF CHATTANOOGA, TENN.

No. 86-6281.

846 F.2d 1539 (1988)

Roland M. LOVVORN; Richard Jarvis; and Michael Kennedy, on their behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. The CITY OF CHATTANOOGA, TENNESSEE; Gene Roberts, individually and as the Mayor of the City of Chattanooga, Tennessee; Thomas Kennedy, Paul Clark, James Eberle, and John Franklin, individually and as Commissioners for the City of Chattanooga, Tennessee; and Jerry W. Evans, individually and as the Chief of the Fire Department of the City of Chattanooga, Tennessee, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 23, 1988.

Attorney(s) appearing for the Case

Thomas Woodley (argued), Mulholland & Hickey, Washington, D.C., for plaintiffs-appellees.

Michael A. McMahan, Randall L. Nelson, argued, Chattanooga, Tenn. for defendants-appellants.

Before MARTIN and GUY, Circuit Judges and JOHNSTONE, Chief District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

The single issue presented in this appeal is whether the City of Chattanooga's mandatory urinalysis testing of its fire fighters, on a department-wide basis, without reasonable cause or suspicion to believe that the fire fighters tested used controlled substances, violates the plaintiffs' rights under the fourth amendment to the United States Constitution. Three fire fighters employed by the City of Chattanooga brought this action...

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