Dykes v. Southeastern Pennsylvania Transportation Authority

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In September, 1994, bus driver Joseph G. Dykes filed suit pursuant to 42 U.S.C. § 1983 against the Southeastern Pennsylvania Transportation Authority (“SEPTA”) and the Transport Workers’ Union of Philadelphia, AFL-CIO, Local 234 (“Local 234”). In his two-count complaint, Dykes alleged that his constitutional rights were violated when his SEPTA supervisors asked him to submit to body fluids testing in the absence of reasonable suspicion and that SEPTA and Local 234 conspired to deprive him of due process in connection with the grievance proceedings…