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FR. ORDER OF POLICE v. CITY OF NEWARK

216 N.J. Super. 461 (1987)

524 A.2d 430

THE FRATERNAL ORDER OF POLICE, NEWARK LODGE NO. 12, A NOT-FOR-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, ON BEHALF OF ITS MEMBERS, ET AL., PLAINTIFFS-APPELLANTS, v. THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1987.

Attorney(s) appearing for the Case

Janemary S. Belsole argued the cause for appellants (Stern, Steiger, Croland, Tanenbaum & Schielke, attorneys; Janemary S. Belsole and Stuart Reiser, on the brief).

Kathleen C. Goger argued the cause for respondents (Furst & Waldman, attorneys).

Robert A. Goodsell argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Irwin, Post & Rosen, P.A., attorneys).

Before Judges PRESSLER, GAULKIN and ASHBEY.

The opinion of the court was delivered by GAULKIN, J.A.D.

Plaintiffs brought this action in lieu of prerogative writs to invalidate a directive issued by the City of Newark Police Director mandating that all members of the Narcotic Bureau be subjected to urine testing for drug abuse "both upon transfer [into the Bureau] and at least twice a year afterwards." The Law Division judge sustained the directive. Plaintiffs appeal.

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