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PENNY v. KENNEDY

No. 86-6280.

846 F.2d 1563 (1988)

Roy PENNY; Charles Hass; Danny Gray; Lon Eilders; Larry Dempsey; and Bobby Tanner, individually and as the Executive Committee of Police Local 644 of the American Federation of State, County, and Municipal Employees, Plaintiffs-Appellees, v. Thomas KENNEDY, Commissioner of Fire and Police of the City of Chattanooga, Tennessee; and The City of Chattanooga, Tennessee, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 23, 1988.

Attorney(s) appearing for the Case

Charles Dupree, argued, Chattanooga, Tenn., for plaintiffs-appellees.

Michael A. McMahan, argued, Randall L. Nelson, 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 police officers, on a department-wide basis, without reasonable cause or suspicion to believe that the police officers tested used controlled substances, violates the plaintiffs' rights under the fourth amendment to the United States Constitution. Six Chattanooga police officers brought this action against the City...

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