Seelig v. Koehler

151 A.D.2d 53, 546 N.Y.S.2d 828, 4 I.E.R. Cas. (BNA) 1538, 1989 N.Y. App. Div. LEXIS 12427
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 12, 1989
StatusPublished
Cited by8 cases

This text of 151 A.D.2d 53 (Seelig v. Koehler) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seelig v. Koehler, 151 A.D.2d 53, 546 N.Y.S.2d 828, 4 I.E.R. Cas. (BNA) 1538, 1989 N.Y. App. Div. LEXIS 12427 (N.Y. Ct. App. 1989).

Opinions

OPINION OF THE COURT

Sullivan, J. P.

Respondents, the Correction Department of the City of New York, its Commissioner and the city, appeal from a judgment invalidating, on constitutional grounds, a program for the random drug testing of all correction officers, and enjoining its implementation. Petitioners, the Correction Officers Benevolent Association of the City of New York, Inc. and its president, Phillip Seelig, had challenged the program, which was initiated by a November 17, 1987 directive issued by the Commissioner.

In its statement of policy, the challenged directive, which covers "all members of the uniformed force * * * including the Chief of Operations and the Commissioner”, provides:

"Correction Officers are peace officers and hold positions of public trust. The use of illegal drugs by officers is a breach of that trust and completely inimical to their status as peace officers. * * *

"The use of illegal drugs either on or off duty shall be cause for suspension without pay. Members on probation shall be terminated. Tenured members found guilty after an administrative hearing face penalties that include termination.”

It further asserts that "the Department has documented a serious drug abuse problem among a significant number of its members”, and notes that its purpose is the deterrence and detection of drug abusers for internal departmental use, and not the facilitation of criminal prosecution.

[55]*55In order to assure neutrality in the selection process, the directive provides for the computer generation of a list of Social Security numbers, programmed to select at random 50 members every two weeks. Thus, approximately 1,300 members will be tested every year. Since the Department currently has 7,100 tenured members, each member will be randomly selected, on average, once every 5 or 6 years.

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Related

Longo v. Dolce
192 A.D.2d 157 (Appellate Division of the Supreme Court of New York, 1993)
Wilder v. Koehler
161 A.D.2d 331 (Appellate Division of the Supreme Court of New York, 1990)
Seelig v. Koehler
556 N.E.2d 125 (New York Court of Appeals, 1990)
Barretto v. City of New York
157 A.D.2d 116 (Appellate Division of the Supreme Court of New York, 1990)
Seelig v. Koehler
160 A.D.2d 550 (Appellate Division of the Supreme Court of New York, 1990)
McKenzie v. Jackson
152 A.D.2d 1 (Appellate Division of the Supreme Court of New York, 1989)
Taylor v. O'Grady
888 F.2d 1189 (Seventh Circuit, 1989)

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Bluebook (online)
151 A.D.2d 53, 546 N.Y.S.2d 828, 4 I.E.R. Cas. (BNA) 1538, 1989 N.Y. App. Div. LEXIS 12427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seelig-v-koehler-nyappdiv-1989.