O'Neill v. State of Louisiana

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 28, 1999
• Docket: 98-31415
• Status: Published

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-31415

PHILLIP E. O’NEILL, ETC, ET AL,

Plaintiffs,

AVERY C. ALEXANDER, in his official capacity of Louisiana State Representative for Representative District No. 93, State of Louisiana,

Plaintiff-Appellee,

versus

STATE OF LOUISIANA, ET AL,

Defendants,

MIKE J. FOSTER, JR., Honorable, in his official capacity as the governor of Louisiana and individually; LOUISIANA STATE BOARD OF ETHICS, and its members thereof; ROBERT ROLAND, Honorable, in his official capacity as the Chairman thereof; HARRY BLUMENTHAL, JR., Honorable, in his official capacity as the Vice-Chairman thereof; ROBERT BAREIKIS, Dr.,in his official capacity as a board member thereof and individually; E. L. GUIDRY, in his official capacity as a board member thereof and individually; VIRGIL ORR, Dr., in his official capacity as a board member thereof and individually; REVIUS ORTIQUE, JR., in his official capacity as a board member thereof and individually; T. O. PERRY, JR., in his official capacity as a board member thereof and individually; ROBERT L. SAWYER, in his official capacity as a board member thereof and individually; NATHAN J. THORNTON, in his official capacity as a board member thereof and individually; EDWIN O. WARE, III, in his official capacity as a board member thereof and individually; CAROLE COTTON WINN, in her official capacity as a board member thereof and individually; DAVID W. HOOD, Honorable, in his official capacity as Secretary of Louisiana Department of Health and Hospitals and individually; MARK C. DRENNEN, Honorable, in his official capacity as Commissioner of Administration and individually,

Defendants-Appellants. ----------------------------------------------------------------- ARTHUR A. MORRELL,

MIKE J. FOSTER, JR., Governor,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Louisiana

December 28, 1999

Before WIENER and STEWART, Circuit Judges, and SHAW, District Judge.*

PER CURIAM:

This is an appeal from the decision of the district court

holding that Louisiana Revised Statute 42:1116.1, which provides

for random drug testing of elected officials holding state office

in Louisiana, is violative of the Fourth Amendment of the United

States Constitution. We have reviewed the record on appeal and the

appellate briefs of counsel, and have heard arguments of able

counsel discussing the relevant facts from the record and the

applicable law as related in briefs and those arguments. In the

end we are satisfied that the district court committed no

* District Judge of the Western District of Louisiana, sitting by designation.

2 reversible error in applying the pertinent law to the virtually

uncontested facts and that all rulings of the district court should

be affirmed for essentially the reasons set forth in the complete

and well-crafted opinion of that court.1

AFFIRMED.

1 See O’Neill, et al v State of Louisiana, et al, 61 F.Supp. 2d 485 (E.D.La. 1998).