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GARRETT v. CLARKE

No. 21-1932.

74 F.4th 579 (2023)

Jacoby L. GARRETT, Plaintiff-Appellee, v. Harold W. CLARKE, individually and in his official capacity as Director of the Virginia Department of Corrections; Richard A. Davis, individually and in his official capacity as Chief Information Officer of the Virginia Department of Corrections; Felicia V. Stretcher, individually and in her official capacity as Information Technology Administrators and Operations Manager for the Virginia Department of Corrections, Defendants-Appellants, and Department of Corrections, Commonwealth of Virginia, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2023.

Attorney(s) appearing for the Case

ARGUED: Graham Keith Bryant , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellants. Robert Jackson Allen , THORSENALLEN LLP, Richmond, Virginia, for Appellee. ON BRIEF: Mark R. Herring , Attorney General, Ronald Nicholas Regnery , Senior Assistant Attorney General, Ryan S. Hardy , Assistant Attorney General, Kati K. Dean , Assistant Attorney General, Michelle S. Kallen , Acting Solicitor General, Brittany M. Jones , Deputy Solicitor General, Laura H. Cahill , Assistant Attorney General, Rohiniyurie Tashima , John Marshall Fellow , OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellants. Jesse A. Roche , THORSENALLEN LLP, Richmond, Virginia, for Appellee.

Reversed by published opinion. Judge Rushing wrote the opinion, in which Judge Wilkinson and Judge Richardson joined. Judge Wilkinson wrote a concurring opinion.

Jacoby L. Garrett worked as a Telecommunications Network Coordinator for the Virginia Department of Corrections (VDOC). After VDOC fired Garrett for declining a random drug test, Garrett sued, alleging that VDOC employees violated his Fourth Amendment rights by applying VDOC's drug testing policy to him. The defendants asserted...

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