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NORRIS v. PREMIER INTEGRITY SOLUTIONS, INC.

No. 09-6252.

641 F.3d 695 (2011)

Norman NORRIS, Plaintiff-Appellant, v. PREMIER INTEGRITY SOLUTIONS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 6, 2011.

Rehearing and Rehearing En Banc Denied May 25, 2011.

Attorney(s) appearing for the Case

ARGUED: Gregory A. Belzley , Prospect, Kentucky, for Appellant. Cynthia Blevins Doll , Fisher & Phillips LLP, Louisville, Kentucky, for Appellee. ON BRIEF: Gregory A. Belzley , Prospect, Kentucky, Daniel J. Canon , Clay & Adams PLLC, Louisville, Kentucky, for Appellant. Cynthia Blevins Doll , William C. Vail, Jr. , Fisher & Phillips LLP, Louisville, Kentucky, for Appellee.

FRIEDMAN, J., delivered the opinion of the court, in which SUTTON, J., joined. MOORE, J. (pp. 703-06), delivered a separate dissenting opinion.

OPINION

FRIEDMAN, Circuit Judge.

The primary issue in this case is whether the appellee Premier Integrity Solutions Inc. ("Premier") subjected the appellant Norman Norris to an unreasonable search in violation of the Fourth Amendment when it required him to provide a urine sample (for a drug testing) while directly facing a Premier employee. Premier used this "direct observation" method for monitoring the provision of the sample because of the ease with...

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