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GUINEY v. ROACHE

Civ. A. No. 86-1346-K.

686 F.Supp. 956 (1988)

Robert E. GUINEY, individually and as he is President and Representative of the Boston Police Patrolmen's Association, Inc., Plaintiff, v. Francis M. ROACHE, as he is Police Commissioner of the City of Boston, Defendant.

United States District Court, D. Massachusetts.

May 18, 1988.

Attorney(s) appearing for the Case

Frank J. McGee, McGee & Phillips, Marshfield, Mass., for plaintiff.

Michael D. Powers, Johnson, Mee, & May, James F. Hart, Boston Police Hdqtrs., Joseph I. Mulligan, Law Dept., City Hall, Boston, Mass., for defendant.

Marjorie Heins, John Reinstein, Boston, Mass., for Mass Civil Liberties Union, amicus curiae.

Robert J. Cynkar, Deputy Asst. Atty. Gen., Richard Greenberg, Mary Goetten, Brian G. Kennedy, Dept. of Justice, Civil Div., Washington, D.C., amicus curiae.

OPINION

KEETON, District Judge.

Plaintiff challenges Boston Police Department Rule 111, as amended, which authorizes urinalysis drug testing of department employees on both a reasonable suspicion and a random basis. Plaintiff seeks (1) a declaratory judgment that the Rule's random testing provision violates the Fourth Amendment as incorporated by the Fourteenth Amendment and (2) equitable relief temporarily and permanently enjoining its enforcement. By agreement...

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