Wilcher v. City of Wilmington

OPINION OF THE COURT

ROTH, Circuit Judge:

In this appeal, we are asked to determine whether the City of Wilmington’s method of testing firefighters for drug use violates their rights under the Fourth Amendment. We will affirm the district court’s conclusion that it does not. Nevertheless, we will remand the ease for reconsideration of the state law invasion of privacy claim.

Beverly Wilcher, Sharon Smith, Michael Danylo and Cornelius Skinner are Wilmington firefighters. Along with the Wilmington Fire Fighters Association (WFFA), they brought this class action on behalf of all firefighters in the…