Sam Costner v. United States James J. Donovan, Secretary of Labor, and Drew Lewis, Secretary of Transportation

720 F.2d 539, 1 Am. Disabilities Cas. (BNA) 524, 1983 U.S. App. LEXIS 15427, 32 Empl. Prac. Dec. (CCH) 33,911, 33 Fair Empl. Prac. Cas. (BNA) 292
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 9, 1983
Docket83-1282
StatusPublished
Cited by11 cases

This text of 720 F.2d 539 (Sam Costner v. United States James J. Donovan, Secretary of Labor, and Drew Lewis, Secretary of Transportation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sam Costner v. United States James J. Donovan, Secretary of Labor, and Drew Lewis, Secretary of Transportation, 720 F.2d 539, 1 Am. Disabilities Cas. (BNA) 524, 1983 U.S. App. LEXIS 15427, 32 Empl. Prac. Dec. (CCH) 33,911, 33 Fair Empl. Prac. Cas. (BNA) 292 (8th Cir. 1983).

Opinion

FAGG, Circuit Judge.

Sam Costner was terminated from his interstate truck driving job pursuant to a Department of Transportation regulation that prohibits persons with an established medical history or clinical diagnosis of epilepsy from driving trucks in interstate commerce. Costner brought this action claiming that the regulation as applied to him is overbroad and violates the equal protection component of the due process clause of the fifth amendment. Costner has not had a seizure for over twenty years and he has driven trucks in interstate commerce, without accident, for approximately fifteen years. The district court granted Costner’s motion for summary judgment and the United States appealed. We reverse.

Costner, who suffered a fractured skull in his youth, began to have epileptic seizures at age 15. Costner has taken medication to control his seizures since 1958 and has been seizure-free since 1959. From 1957 to 1974, Costner was employed as a truck driver in interstate commerce. In 1974, Costner was hired by Slay Transportation Company to drive heavy transport vehicles carrying flammable chemicals in interstate commerce. After a short time on the job, however, Slay suspended Costner when it learned of his history of epilepsy. Costner was examined by a company physician, who *541 refused to certify him as qualified under federal regulations. Based on the physician’s report and the federal regulations, Slay terminated Costner’s employment.

Under federal motor carrier safety regulations, a person with an established medical history or clinical diagnosis of epilepsy is considered physically unqualified to drive a motor vehicle in interstate or foreign commerce. 49 C.F.R. § 391.41(b)(8). This regulation is intended “to permanently disqualify a driver who has a medical history or clinical diagnosis of epilepsy.” 42 Fed.Reg. 60078, 60082 (Nov. 23, 1977).

Costner brought this action for review of 49 C.F.R. § 391.41(b)(8), alleging that it violates the equal protection component of the fifth amendment. The district court granted Costner’s motion for summary judgment. The court first acknowledged that the regulation was constitutional on its face: “[t]o the overwhelming majority of epileptics this rule is reasonably related to a legitimate governmental concern of public safety.” Costner v. United States, 555 F.Supp. 146, 149 (E.D.Mo.1982). In the court’s view, however, it was not rational to include within the regulation an individual such as Costner:

an individual, who has not had a seizure for over 22 years; has a history of driving trucks safely in interstate commerce for 15 years; has repeatedly borne, and is therefore accustomed to, the heavy mental and physical demands on commercial motor vehicle operators; has repeatedly been medically examined and found capable of driving a motor vehicle in interstate commerce; and has, by virtue of his medically controlled condition, been deemed as safe as or safer than those never having suffered a seizure.

Id. at 149-50. The court concluded that “as applied to Costner, on the facts of this case only, the regulation is broader than rationally necessary to achieve its desired objective of highway safety.” Id. at 150.

The framework for evaluating constitutional challenges to statutory or regulatory classifications is well established. The first determination is the appropriate test to be employed. Because the classification does not impermissibly interfere with the exercise of a fundamental right or operate to the peculiar disadvantage of a suspect class, the strict scrutiny test does not apply. See Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 312, 96 S.Ct. 2562, 2566, 49 L.Ed.2d 520 (1976); Fitz v. Dolyak, 712 F.2d 330, 332 (8th Cir.1983); Antonio v. Kirkpatrick, 579 F.2d 1147, 1148-49 (8th Cir.1978). Instead, the classification is to be examined under the rational basis test and the regulation must be upheld if it is rationally related to furthering a legitimate state purpose. Massachusetts Board of Retirement v. Murgia, supra, 427 U.S. at 312, 96 S.Ct. at 2566; Vance v. Bradley, 440 U.S. 93, 97, 99 S.Ct. 939, 942, 943, 59 L.Ed.2d 171 (1979); Fitz v. Dolyak, supra, 712 F.2d at 332. This test employs “a relatively relaxed standard reflecting the Court’s awareness that the drawing of lines that create distinctions is peculiarly a legislative task and an unavoidable one. Perfection in making the necessary classifications is neither possible nor necessary.” Massachusetts Board of Retirement v. Murgia, supra, 427 U.S. at 314, 96 S.Ct. at 2567. Indeed, this court will overturn a legislative classification as violative of equal protection only if it is so unrelated to the achievement of any legitimate purpose as to make the provision irrational. Vance v. Bradley, supra, 440 U.S. at 97, 99 S.Ct. at 942-943; Jewson v. Mayo Clinic, 691 F.2d 405, 411 (8th Cir.1982).

The district court concluded, and we agree, that as a general matter, the regulation is rationally related to the legitimate state interest in public safety. Significantly, even Costner does not dispute this part of the district court decision. The disputed regulation was adopted in 1970 as part of a complete revision of the federal motor carrier safety regulations which tightened substantially the physical qualifications for interstate truck driving by including criteria for evaluating high-risk medical categories. 35 Fed.Reg. 6458 (Apr. 22, 1970). Since its enactment, the regulation has been reevaluated on three occasions. On each occasion, *542 the Federal Highway Administration (FHWA) has concluded that available medi-caí data does not allow it to formulate criteria for qualifying only certain persons with epilepsy to drive trucks in interstate commerce. Hence, the agency has decided to retain the regulation in its present form,

The FHWA has relied on a number of studies which show that as a group, individuals with epilepsy have an appreciably higher accident rate than those without the condition. The studies also suggest that truck driving involves exposure to stressful conditions which can be conducive to epileptic seizures. With regard to the consideration of time since the last seizure, the agency relied on at least one report concluding that there is no data to support a distinction among individuals made on that basis. Further, a 1981 FHWA study considered whether an individual’s use of anticonvul-sive medication could be taken into account in predicting an individual’s likelihood of having a seizure.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Holder v. Gonzales
499 F.3d 825 (Eighth Circuit, 2007)
In Re Appeal of Stober
546 A.2d 155 (Commonwealth Court of Pennsylvania, 1988)
FATHER FLANAGAN'S BOYS'HOME v. Goerke
401 N.W.2d 461 (Nebraska Supreme Court, 1987)
Father Flanagan's Boys' Home v. Goerke
401 N.W.2d 461 (Nebraska Supreme Court, 1987)
Chalfy v. Turoff
804 F.2d 20 (Second Circuit, 1986)
Smith v. Department of Motor Vehicles
163 Cal. App. 3d 321 (California Court of Appeal, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
720 F.2d 539, 1 Am. Disabilities Cas. (BNA) 524, 1983 U.S. App. LEXIS 15427, 32 Empl. Prac. Dec. (CCH) 33,911, 33 Fair Empl. Prac. Cas. (BNA) 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sam-costner-v-united-states-james-j-donovan-secretary-of-labor-and-drew-ca8-1983.