Charles v. Abate, Jr. v. Southern Pacific Transportation Company

WISDOM, Circuit Judge:

Seven railroad employees 1 instituted this action alleging their employer violated their constitutional rights guaranteed by the fourth amendment by the manner in which the employer implemented its mandatory random drug testing program. Because the railroad was acting as an agent for the federal government in testing them, the plaintiffs seek damages under Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics. 2 The district court found no constitutional violation and granted summary judgment in favor of the railroad. We hold that the railroad is not liable…