Legal Opinion

Jones v. Graham County Board of Education

Court of Appeals of North Carolina

Decided June 2, 2009No. COA08-477PublishedCited by 6 opinions

1Opinion of the Court

STEPHENS, Judge.

“The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.’’ 1

The Graham County Board of Education enácted a policy mandating the random, suspicionless drug and alcohol testing of all Board employees. Plaintiffs brought suit contending that the policy violates the North Carolina Constitution’s guarantees against unreasonable searches and seizures. The trial court granted summary judgment in favor of the Board of Education. We reverse.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

In 2006, the Graham County Board of…

2Cases cited35 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Ornelas v. United StatesSupreme Court of the United States · 1996
  4. Delaware v. ProuseSupreme Court of the United States · 1979
  5. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989

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3Cited by6 opinions

  1. State v. MangumCourt of Appeals of North Carolina · 2016
  2. Friedenberg v. School Board of Palm Beach CountyDistrict Court, S.D. Florida · 2017
  3. In Re TASCourt of Appeals of North Carolina · 2011
  4. In re T.A.S.Court of Appeals of North Carolina · 2011
  5. Smith County Education Ass'n v. Smith County Board of EducationDistrict Court, M.D. Tennessee · 2011

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