ALLEN v. PASSAIC CTY.


219 N.J. Super. 352 (1986)

530 A.2d 371

HANNAH ALLEN AND FELIPE CLEMENTE, PLAINTIFFS, v. COUNTY OF PASSAIC AND EDWIN ENGLEHARDT, SHERIFF OF PASSAIC COUNTY, DEFENDANTS. JOHN TURI AND JESS MONZO, PLAINTIFFS, v. COUNTY OF PASSAIC; PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS; EDWIN ENGLEHARDT, SHERIFF OF PASSAIC COUNTY; BERNARD KERIK, DEPUTY WARDEN OF THE PASSAIC COUNTY JAIL, SHERIFF'S DEPARTMENT; JOSEPH A. FALCONE, PROSECUTOR OF PASSAIC COUNTY, DEFENDANTS.

Superior Court of New Jersey, Law Division (Civil), Passaic County.

Decided June 23, 1986.


Attorney(s) appearing for the Case

Johnson, Johnson & Murphy, attorneys for plaintiffs Allen and Clemente (Jeffrey M. Kassover, on the brief.)

Kalman Harris Geist, attorney for plaintiffs Turi and Monzo (Linda B. Sinofsky, on the brief).

Raymond P. Vivino, Passaic Cty. Counsel, attorney for defendant Passaic Cty. (Michael H. Glovin, Assistant County Counsel, on the brief).

Joseph A. Falcone, Passaic Cty. Pros., (Dante P. Mongiardo, on the brief).

Diamond, Afflitto & Raimondi, attorneys for defendant Englehardt (Joseph T. Afflitto, on the brief).


MANDAK, A.J.S.C.

On January 6, 1986 Edwin Englehardt, the Sheriff of Passaic County, issued a directive (Appendix A) requiring all personnel employed in the Sheriff's Department to undergo mandatory urinalysis for the purpose of testing for the use of controlled dangerous substances. Prior to the institution of the present action, most of the employees in the Sheriff's Department had already submitted to urinalysis pursuant to the directive.

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