Legal Opinion

Barretto v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1990PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Harwood, J.

In addition to presenting questions more customarily arising in proceedings against a body or officer (see, CPLR 7801, 7803 [3], [4]), this litigation requires that we determine whether a public employer, in conformity with the Fourth Amendment of the US Constitution, may, because of a particular event, compel a particular public employee to submit to drug screening tests, notwithstanding that the happening of the event does not by itself provide a reasonable suspicion that the public employee is unfit for duty on account of illegal drug use. Because we conclude…

2Cases cited14 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  4. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  5. National Treasury Employees Union v. Von RaabSupreme Court of the United States · 1989

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3Cited by7 opinions

  1. Burka v. New York City Transit AuthorityDistrict Court, S.D. New York · 1990
  2. Longo v. DolceAppellate Division of the Supreme Court of the State of New York · 1993
  3. Gdanski v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
  4. Briggs v. StanglAppellate Division of the Supreme Court of the State of New York · 1995
  5. Casey v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1991

2 more not listed; retrieve them via the Exa API.

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