Ass'n of Indep. Sch. of Greater Wash. v. Dist. of Columbia
Ass'n of Indep. Sch. of Greater Wash. v. Dist. of Columbia
Opinion of the Court
JAMES E. BOASBERG, United States District Judge *357In a Memorandum Opinion and separate Order issued last April, this Court granted summary judgment in favor of Plaintiffs-the Association of Independent Schools of Greater Washington (AISGW), the River School, and two individual teachers-on their claim that a D.C. drug- and alcohol-testing policy pertaining to employees of childcare facilities violated the Fourth Amendment. See Ass'n of Indep. Sch. of Greater Washington v. D.C.,
I. Background
This suit was initiated in September 2016 as a response to the District's policy requiring the random, suspicionless drug testing of employees of childcare facilities. See AISGW,
After being informed by OSSE that it would be required to comply with this new requirement, the River School issued a series of objections to the policy from April 2014 through June 2015, repeatedly informing the Office that it would not adopt random drug testing of its employees.
Yet AISGW and River continued to object to the random-search requirement, and, having failed to reach a resolution with OSSE, they brought the instant suit.
*358Plaintiffs' Complaint alleged that requiring child-development facilities to implement a random drug- and alcohol-testing policy was a violation of (1) the Fourth Amendment and (2) the District of Columbia's Administrative Procedure Act (DCAPA). See ECF No. 1 (Complaint), ¶¶ 52-56. As relief for these alleged violations, Plaintiffs requested a declaratory judgment that "the implementation and enforcement of OSSE's random drug- and alcohol-testing requirement violates Plaintiffs' Fourth Amendment rights" and the DCAPA, an injunction "prohibiting OSSE from enforcing its drug and alcohol testing requirement against Plaintiffs," and "[m]ake-whole relief, including but not limited to damages." Id. at 14.
This past spring, the Court granted summary judgment on the basis of Plaintiffs' Fourth Amendment claim and enjoined Defendants from enforcing the random-testing requirement against them. See ECF No. 29 (Order). The Court's Opinion concluded that, although the District had a "sincere" interest in protecting the welfare of young children, such governmental motivation did not "rise to the level of immediacy or concreteness needed to justify the random, suspicionless testing of nursery-school teachers." AISGW,
On May 24, the District filed a Motion to Alter the Court's Judgment, see ECF No. 32 (Motion), which Plaintiffs subsequently opposed. See ECF No. 34 (Response). The Court now turns to Defendants' arguments regarding various alleged errors in its prior Opinion and Order.
II. Legal Standard
Federal Rule of Civil Procedure 59(e) permits the filing of a motion to alter or amend a judgment when such motion is filed within 28 days after the judgment's entry. The Court must apply a "stringent" standard when evaluating Rule 59(e) motions. See Ciralsky v. CIA,
III. Analysis
In seeking alteration, Defendants raise three points. First, they contend that the Court "did not address whether the District violated Plaintiffs' Fourth Amendment rights." Mot. at 4. Second, they posit that the Court also did not "find municipal liability under [ 42 U.S.C. §] 1983," and third, they state that it did not "resolve the DCAPA claim." Id. at 4-5. Taken together, Defendants argue that these alleged lacunae in the Court's Opinion constituted error, as it "enter[ed] final judgment for Plaintiffs without resolving all claims in *359the litigation." Id. at 5. The Court takes each of these assertions separately.
The District's first basis for alteration is perhaps its most puzzling. Defendants posit that the Court erred in finding that the OSSE suspicionless-search policy violated the Fourth Amendment because Plaintiffs never established that they were, in fact, "searched." Mot. at 8. Under the District's theory of the Fourth Amendment, the proscription against unreasonable searches and seizures is "only implicated when a 'search' has occurred." Id. at 6. In this case, the city thus believes that, to prevail, Plaintiffs themselves must have actually been tested under the OSSE policy. This is incorrect.
It is well established that a drug- or alcohol-testing policy may run afoul of the Fourth Amendment even if the individual or entity challenging the program was not physically tested. See, e.g., Lebron v. Sec'y of Fla. Dep't of Children & Families,
Perhaps the most obvious examples of this premise are the numerous cases analyzing the Fourth Amendment implications of drug- and alcohol-testing policies before they go into effect. See, e.g., Nat'l Treasury Employees Union v. U.S. Customs Serv.,
Additionally, the Court notes that in opposing Plaintiffs' Motion for Summary *360Judgment, the District never relied on the argument that there was no existing "search." Rather, Defendants argued that the suspicionless-testing requirement did not violate the Fourth Amendment because "the District's interest in random testing outweighs caregivers' privacy interests and renders individualized suspicion impractical." ECF No. 25 (Opp. to MSJ) at 6. The District's briefing before this Court in no way evinced a conviction that the Fourth Amendment did not apply to the testing policy; rather, it explained why, under governing Fourth Amendment precedent, Defendants believed such searches were permissible. Similarly, while the District now asserts that it "had no opportunity for discovery on whether Plaintiffs were, in fact, involuntarily 'searched,' " the Court observes that such a justification for requesting discovery is nowhere to be found in Defendants' original opposition. See Mot. at 9; Opp. to MSJ at 23 (stating that discovery would allow for inquiry into Plaintiffs' assertions "regarding classroom environments at The River School, caregivers' daily practices and their privacy interest, and the efficacy of random testing, all of which pertain to plaintiffs' Fourth Amendment claim"). The city's post hoc rationales are thus entirely unavailing: the Court could not possibly have erred in refusing to "afford[ ] the District discovery to test the veracity" of an issue Defendants never raised. See Mot. at 9.
The District next asserts that "the Court did not determine municipal liability under Section 1983." Mot. at 1. According to Defendants, "To prevail on a Section 1983 claim, Plaintiffs must establish that a municipal custom, policy, or practice caused a violation of their constitutional rights," and here, "Plaintiffs did not discuss the standard for municipal liability or demonstrate how they satisfy that standard."
As Plaintiffs correctly point out, the District's various contentions are not borne out by the record. The Court begins with Defendants' "puzzling position that there is a distinction between Plaintiffs' Fourth Amendment claim and Plaintiffs' Fourth Amendment claim under [ ] § 1983." Resp. at 2 (internal quotation marks omitted). Having reviewed the Complaint once more, the Court remains confident that the schools and teachers sought to enjoin the city from enforcing its random, suspicionless-testing policy pursuant to § 1983. See Compl., ¶ 14 ("Plaintiffs' constitutional claims arise under the U.S. Constitution and are brought pursuant to
The Court finds similarly unavailing Defendants' assertion that, in order to grant such an injunction, it was required to explicitly spell out a finding that "a municipal custom, policy, or practice" caused the Fourth Amendment violation. See Doe ex rel. Doe v. Little Rock Sch. Dist.,
Plaintiffs were challenging the random drug-testing requirements imposed by OSSE, a state office that was given authority over such regulations by the District's Child and Youth Safety and Health Omnibus Amendment Act of 2004. Even in its latest Motion, the District does not substantively dispute that the drug-testing policy is therefore a "municipal custom, policy, or practice." Nor could it, given that "chief among" the "ways in which a 'policy' can be set by a municipality to cause it to be liable under § 1983" is the "explicit setting of a policy by the government that violates the Constitution." Lewis v. D.C.,
Finally, Defendants seem to advance a version of their § 1983 argument premised on Plaintiffs' request for damages-namely, that the Court erred in granting injunctive relief pursuant to § 1983 without addressing the prayer for damages under the statute. See Mot. at 5-6. This issue is easily resolved here, as Plaintiffs have now waived any such request. See Resp. at 3. The Court therefore need not speculate as to how it would have ruled with respect to the issue of damages, as it is now a moot point. As Defendants acknowledge, the Order granted Plaintiffs full injunctive relief; with damages off the table, there is nothing left for the Court to consider with respect to remedies under § 1983. See Mot. at 10 ("Plaintiffs obtained the relief they sought.").
Finally, the Court turns to the District's argument regarding Plaintiffs' DCAPA claim. The Opinion concluded that *362"[b]ecause Plaintiffs are entitled to summary judgment on their constitutional count, the Court need not go on to analyze their DCAPA claim." AISGW,
IV. Conclusion
As a closing note, the Court observes that although both sides include footnotes relating to the availability of attorney fees (or lack thereof) based on the prior Opinion, such arguments are more appropriately made in fee motions. It therefore will reserve any analysis of these issues until such briefing takes place. As to the substantive arguments made in Defendants' Motion, the Court will issue a contemporaneous Order denying them except as relating to the DCAPA.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.