Robert Guiney, Etc. v. Francis M. Roache, Etc.
Cases that cite this one
24 later published cases cite this decision.
- Guiney v. Police Commissioner of Boston (Mass. 1991)
- Anchorage Police Department Employees Ass'n v. Municipality of Anchorage (Alaska 2001)
- Hill v. National Collegiate Athletic Assn. (Cal. 1994)
- University of Colorado Ex Rel. University of Colorado v. Derdeyn (Colo. 1993)
- Luck v. Southern Pacific Transportation Co. (Cal. Ct. App. 1990)
- Rawlings v. Police Dept. of Jersey City (N.J. 1993)
- O'CONNOR v. Police Commissioner of Boston (Mass. 1990)
- Brown v. City of Detroit (District Court, E.D. Michigan 1989)
- United States v. Weikert (District Court, D. Massachusetts 2006)
- Byrne v. Massachusetts Bay Transportation Authority (District Court, D. Massachusetts 2002)
- Knox County Education Association v. Knox County Board of Education (6th Cir. 1998)
- Bennett v. Massachusetts Bay Transportation Authority (Massachusetts Superior Court 1998)
- New Jersey Transit PBA Local 304 v. New Jersey Transit Corp. (N.J. 1997)
- AMERICAN FED. OF GOV. EMPLOYEES v. Barr (United States District Court for the Northern District of California 1992)
- American Federation of Government Employees, Council 33 v. Barr (United States District Court for the Northern District of California 1992)
- United States Court of Appeals, Ninth Circuit (9th Cir. 1991)
- Railway Labor Executives' Assoc. Brotherhood of Locomotive v. Samuel K. Skinner John H. Riley (9th Cir. 1991)
- City of Miami v. FOP Miami Lodge 20 (Fla. Dist. Ct. App. 1991)
- American Federation of Government Employees, L-2110 v. Derwinski (United States District Court for the Northern District of California 1991)
- Nos. 89-70061, 89-70308 (9th Cir. 1990)
- Plane v. United States (District Court, W.D. Michigan 1990)
- International Federation of Professional & Technical Engineers, Local 194A v. BRIDGE COM'N (N.J. Super. Ct. App. Div. 1990)
- McCloskey v. Honolulu Police Department (Haw. 1990)
- City of Annapolis v. United Food Workers, Local 400 (Md. 1989)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
On April 24, 1986, the Boston Police Department issued Rule 111. That rule, in its relevant part, requires random drug testing of “all sworn and civilian personnel of the Boston Police Department.” The ap-pellee, Robert G. Guiney, president of the Boston Police Patrolmen’s Association, and acting as its representative, filed suit against the Police Commissioner asking the district court to declare that the random drug testing program violated the Fourth and Fourteenth Amendments to the Constitution of the United States. The district court so found, 686 F.Supp. 956, and the Police Commissioner has appealed.
Subsequently, the Supreme Court, in National Treasury Employees v. Von Raab, — U.S. —, 109 S.Ct. 1384, 103 L.Ed.2d 685 (1989), held constitutional a drug testing program that the Customs Service applied (without suspecting any individual of any drug use) to customs employees who carry firearms, and to customs officials who help to enforce the drug laws. The Court, however, did not decide whether the Service could apply its testing program to other employees who handled “classified materials.” Instead, the Court remanded the case, asking the lower court to develop a record that would help determine, and permit the court to weigh the significance of, the reasons for including the latter category of employees in the drug testing program.
The record in our case makes clear that the drug testing before us applies to police officers who carry firearms and to those who participate in drug interdiction. To this extent, since we can find no relevant distinction between a customs officer and a police officer, we hold the Police Department’s drug testing rule to be constitutional. The rule also seems to apply to other members of the Department who may not carry firearms or enforce the drug laws. The record is not clear as to just who these latter employees may be or what may be the rationale for including them in the program. Therefore, consistent with the determination of the Supreme Court, we vacate the judgment of the district court and remand for further consideration in such manner as the court sees fit, in light of the recent Supreme Court cases Skinner v. Railway Labor Executives Association, — U.S. —, 109 S.Ct. 1402, 103 L.Ed.2d 639 (1989) and National Treasury Employees v. Von Raab, supra.
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.