GBA 335 Admin and Personnel Law
Dr. Elias Paulson
December 13, 2015

Case Brief 2

Name
Jakubowicz v. Dittemore, (W.D. MO.2006)
Procedural History
Before the arranged date for this trial, both parties informed the United States District Court and requested to submit their evidence to the Court in writing. This included dispositions from Felix T. Vincenz, the Director of Facility Operations for DMH, and Linda Roebuck, the Deputy Director of DMH. Stipulations from both parties were also submitted. The plaintiffs submitted a memo that was dated on April 6, 2005, from Schuffman to all employees informing them of the random drug testing program and the DMH's protocol for the drug testing.

Facts
Missouri Department of Mental Health adopted a policy calling for the random drug testing of all of its employees. Three employees objected to the policy and sought a court order declaring it unconstitutional as applied to them. The employees held the positions of Psychiatric Assistant II and Office Support Assistants. The department claimed that the policy was justified because of its belief that illegal drugs were being used by some department personnel and because each employee serves as a caregiver and role model with respect to patients. The evidence regarding illegal drug use concerned employees at residential facilities for mentally retarded patients. The plaintiffs did not work at these facilities. Administrators were unable to cite specific individuals or incidents, but testified that they had been informed by staff and family members that drug use by employees at these facilities was occurring. The department also claimed that the need for its staff to act as role models applied to all positions, as well as to both in-patient and out-patient treatment
Issue
Whether the random drug testing policy violated the Fourth Amendment rights of these employees.