Voss v. City of Key West
Karen Voss applied for a job as the Recycling Coordinator for City of Key West, but refused to take a drug test as part of her application, something the City required of all job applicants as a prerequisite for employment. We challenged the policy, arguing that Ms. Voss’s job, which was primarily a public relations position to encourage city residents to recycle more, was not safety-sensitive.
In May 2014, the district court granted summary judgment to Ms. Voss, agreeing that the drug testing violated the Fourth Amendment because the Recycling Coordinator is not a safety-sensitive position like a railroad employee. The court refused to distinguish, for constitutional purposes, between drug testing of job applicants and of employees, concluding that “there is no precedent in this circuit which holds that the government can violate a person’s rights under the Fourth Amendment so long as prior notice of the impending violation is given.”
Plaintiff’s Motion for Summary Judgment (7/7/13)
Plaintiff’s Response to Motion for Summary Judgment (3/18/14)
Order Granting Summary Judgment as to Liability (5/9/14)