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GUINEY v. ROACHE

No. 88-1728.

873 F.2d 1557 (1989)

Robert GUINEY, etc., Plaintiff, Appellee, v. Francis M. ROACHE, etc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 11, 1989.

Attorney(s) appearing for the Case

Kevin S. McDermott with whom James F. Hart, Boston, Mass., and Nancy Wintersteen were on brief, for appellant.

Lowell V. Sturgill, Civ. Div., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Washington, D.C., Frank L. McNamara, Jr., U.S. Atty., Boston, Mass., and Leonard Schaitman, Civ. Div., Dept. of Justice, Washington, D.C., were on brief, for U.S., amicus curiae.

Frank J. McGee with whom Steven M. Guiney and McGee & Phillips, Marshfield, Mass., were on brief, for appellee.

Charles R. Dougherty, Hill & Barlow, David Hoffman and Emily Lichtenstein, Boston, Mass., on brief, for Massachusetts Civ. Liberties Union Foundation, amicus curiae.

Before BOWNES, ALDRICH and BREYER, Circuit Judges.

PER CURIAM.

On April 24, 1986, the Boston Police Department issued Rule 111. That rule, in its relevant part, requires random drug testing of "all sworn and civilian personnel of the Boston Police Department." The appellee, Robert G. Guiney, president of the Boston Police Patrolmen's Association, and acting as its representative, filed suit against the Police Commissioner asking the district court to declare that the random drug testing program violated the Fourth...

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