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JOHNSON v. MARTIN

No. 90-2155.

943 F.2d 15 (1991)

Leroy L. JOHNSON, Plaintiff-Appellant, v. Leroy MARTIN, Superintendent, City of Chicago Department of Police, the City of Chicago, the City of Chicago Department of Police, and the American Institute of Drug Detection, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 1991.

Attorney(s) appearing for the Case

Melvyn M. Weisberg, Weisberg & Associates, Phillip A. Turner (argued), Peter J. Latz, Turner, Latz & Olmstead, Chicago, Ill., for plaintiff-appellant.

Kelly R. Welsh, Asst. Corp. Counsel, Jay M. Kertez, Nancy V. Allen, Nina Puglia, Asst. Corp. Counsel (argued), Office of the Corp. Counsel, Appeals Div., William J. Judge, Thomas G. Gardiner, McBride, Baker & Coles, Chicago, Ill., for defendants-appellees.

Before COFFEY, EASTERBROOK and KANNE, Circuit Judges.

KANNE, Circuit Judge.

It is the policy of the Chicago Police Department to require random drug screening for its probationary officers. As a probationary police officer, Leroy Johnson was required to provide a urine sample for drug testing. The results of the test showed positive for the presence of morphine and codeine. Following disciplinary proceedings in which Johnson denied using drugs, he was discharged from the department. Two years later, Johnson filed suit...

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