JONES v. CITY OF BOSTON

No. 12-2280.

752 F.3d 38 (2014)

Ronnie JONES; Richard Beckers; Walter R. Washington; William E. Bridgeforth; Shawn N. Harris; Eugene Wade; George C. Downing, Jr.; Clararise Bristow; Massachusetts Association of Minority Law Enforcement Officers; Rachelle Couch; Keri Hogan, Plaintiffs, Appellants, v. CITY OF BOSTON, Boston Police Department; Edward Davis, Commissioner of the Boston Police Department, Defendants, Appellees.

United States Court of Appeals, First Circuit.

May 7, 2014.


Attorney(s) appearing for the Case

John F. Adkins , with whom Laura Maslow-Armand , Lawyers' Committee for Civil Rights and Economic Justice, Doreen M. Rachal , and Bingham McCutchen LLP were on brief, for appellants.

Helen G. Litsas , with whom Nicole I. Taub , Staff Attorney, Office of the Legal Advisor, was on brief, for appellees.

Joel Z. Eigerman on brief for Jewish Alliance for Law & Social Action, Boston Society of Vulcans, Community Change, Inc., Massachusetts Law Reform Institute, Union of Minority Neighborhoods, Justice at Work, Inc., The National Workrights Institute, Blacks in Law Enforcement of America, and NAACP Boston, amici curiae in support of appellants.

Stephen Churchill and Lichten & Liss-Riordan, P.C., on brief for Massachusetts Employment Lawyers Association, Fair Employment Project, American Civil Liberties Union of Massachusetts, Union of Minority Neighborhoods, Charles Hamilton Houston Institute for Race and Justice at Harvard Law School, Civil Rights Clinic at Howard University School of Law, Fair Housing Center of Greater Boston, Massachusetts Law Reform Institute, Justice at Work, Inc., The National Workrights Institute, Blacks in Law Enforcement of America, and NAACP Boston, amici curiae in support of appellants.

Richard Pianka , ATA Litigation Center, and Prasad Sharma on brief for American Trucking Associations, Inc., amicus curiae in support of appellees.

Mark A. de Bernardo , Joseph E. Schuler , and Jackson Lewis LLP on brief for The Council for Employment Law Equity, amicus curiae in support of appellees.

Mark A. de Bernardo , Matthew F. Nieman , and Jackson Lewis LLP on brief for The Institute for a Drug-Free Workplace, amicus curiae in support of appellees.

Peter A. Biagetti and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., on brief for Psychemedics Corporation, amicus curiae in support of appellees.

Before TORRUELLA, HOWARD, and KAYATTA, Circuit Judges.


KAYATTA, Circuit Judge.

In this racial discrimination case, ten black plaintiffs challenge the Boston Police Department's drug testing program. Seven of the plaintiffs are former officers fired by the department after testing positive for cocaine; the eighth is a former cadet in the same situation; the ninth continues to work as an officer after testing positive and undergoing rehabilitation as an alternative to termination; and the tenth is a former applicant to...

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