Judge Again Stalls Linn State Drug Testing

5 years 4 months 4 weeks ago October 25, 2011 Oct 25, 2011 Tuesday, October 25 2011 Tuesday, October 25, 2011 5:59:00 PM CDT in News
By: Megan Noe
loading

JEFFERSON CITY - Judge Nanette Laughrey granted a preliminary injunction Tuesday, continuing to block a Linn State Technical College program of drug-testing every new student.

The American Civil Liberties Union filed a lawsuit September 14, asking Linn State to end the drug screening. The U.S. District Court then took the first step to block the program by issuing a temporary restraining order, and continued that process again Tuesday. Meanwhile, Linn State is studying the matter and discussing a possible appeal.

The ACLU argues the policy violates Fourth Amendment protection from unreasonable searches. It also claims the drug testing policy is overbroad, as it applies to all incoming students, not just those participating in dangerous programs. There is also almost no history of serious accidents at Linn State, and no evidence of drugs and alcohol as a factor in those accidents.

Linn State spent a majority of the time calling instructors as witnesses, each of whom testified to the particular dangers associated with the hands-on work of their educational programs. A counselor also said he had received fewer substance abuse referrels since the implementation of the drug testing policy this year than in past semesters. Attorneys also emphasized the ability of students to opt out of the program through a petition process, and the fact that students are not forced to attend Linn State.

In her decision, Judge Laughrey said the screening policy goes overbroad. She held the vague appeals process is not sufficient to outweigh the Fourth Amendment protections.

Linn State's attorney Kent Brown said, "Since Linn State is in such a unique position, both in terms of its programs that are offered as well as being one of the first programs in the nation, it's not surprising that the judge would be looking for guidance from the higher appellate courts and didn't find it in this case, and opted for the more conservative view which is to keep things as they are until they can be resolved in another forum."

"We're very pleased that the judge found that Linn State's drug testing program is unconstitutional, that it violates the Fourth Amendment. This really was an unprecedented attempt to try to drug test all students in a college, it's a little bit breathtaking how broad it was," said Tony Rothert, legal director for the ACLU of Eastern Missouri.

More News

Grid
List
FREDERICK, Md. (AP) — A Missouri man charged in the 1996 slaying of a 15-year-old Maryland girl will remain behind... More >>
45 minutes ago March 24, 2017 Mar 24, 2017 Friday, March 24 2017 Friday, March 24, 2017 12:14:42 PM CDT in News
JEFFERSON CITY - Lincoln University and Jefferson City Parks and Recreation announced the name for its new wellness and recreation... More >>
1 hour ago March 24, 2017 Mar 24, 2017 Friday, March 24 2017 Friday, March 24, 2017 11:56:00 AM CDT in News
FORISTELL (AP) — Authorities said two New York women who were arrested in eastern Missouri after jumping out a second-story... More >>
2 hours ago March 24, 2017 Mar 24, 2017 Friday, March 24 2017 Friday, March 24, 2017 11:00:11 AM CDT in News
SEDALIA - A fatal car crash left one woman dead and a toddler injured Thursday night, according to a Missouri... More >>
3 hours ago March 24, 2017 Mar 24, 2017 Friday, March 24 2017 Friday, March 24, 2017 9:22:00 AM CDT in News
COLUMBIA - Police arrested a man following an armed robbery at Pickleman's Deli on Old 63 early Friday. Officers... More >>
4 hours ago March 24, 2017 Mar 24, 2017 Friday, March 24 2017 Friday, March 24, 2017 8:52:00 AM CDT in News
CLAYTON (AP) — A suburban St. Louis mother has been convicted of poisoning her son with prescription medications and keeping... More >>
4 hours ago March 24, 2017 Mar 24, 2017 Friday, March 24 2017 Friday, March 24, 2017 8:21:50 AM CDT in News
COLUMBIA - Former U.S. Marine Eric Olson is used to brotherhood in service. Now he has formed a different kind... More >>
5 hours ago March 24, 2017 Mar 24, 2017 Friday, March 24 2017 Friday, March 24, 2017 7:09:34 AM CDT in Top Stories
FLORISSANT (AP) — Authorities are looking for a driver who struck and killed a pedestrian before fleeing in St. Louis... More >>
6 hours ago March 24, 2017 Mar 24, 2017 Friday, March 24 2017 Friday, March 24, 2017 6:50:00 AM CDT in News
SPRINGFIELD (AP) — A former southwestern Missouri high school teacher has admitted in federal court that he downloaded child pornography... More >>
6 hours ago March 24, 2017 Mar 24, 2017 Friday, March 24 2017 Friday, March 24, 2017 6:46:09 AM CDT in News
CENTERVIEW (AP) — Authorities say a riot inside a western Missouri jail pod has been squelched. The... More >>
7 hours ago March 24, 2017 Mar 24, 2017 Friday, March 24 2017 Friday, March 24, 2017 5:40:00 AM CDT in News
COLUMBIA - In honor of Women's History Month, the Harry S. Truman Memorial Verterans' Hospital is recognizing the achievements of... More >>
9 hours ago March 24, 2017 Mar 24, 2017 Friday, March 24 2017 Friday, March 24, 2017 3:21:00 AM CDT in News
COLUMBIA - The Columbia Chamber of Commerce hosted a forum for the Columbia Public School's school board and Boone Hospital... More >>
17 hours ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 7:54:00 PM CDT in News
JEFFERSON CITY (AP) — Missouri Gov. Eric Greitens is backing a contested health care overhaul proposed in the U.S. House.... More >>
18 hours ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 6:23:27 PM CDT in News
COLUMBIA - As students and families are preparing to go on spring break trips, the Columbia/Boone County Public Health and... More >>
19 hours ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 5:52:00 PM CDT in News
CAMDEN COUNTY - A confrontation between neighbors ended with a man shooting two dogs, the Camden County Sheriff's Office said.... More >>
19 hours ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 5:44:00 PM CDT in News
JEFFERSON CITY - Lincoln University's president, Kevin D. Rome, will resign effective June 30 and the next day take over... More >>
19 hours ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 5:03:00 PM CDT in News
ST. CLAIR (AP) — Firefighters who put out a blaze in an eastern Missouri woode d area found a man's... More >>
20 hours ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 4:08:16 PM CDT in News
CAMDEN COUNTY - A man who investigators say sexually assaulted a 14-year-old female victim on Monday has been charged with... More >>
21 hours ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 3:42:00 PM CDT in News
Columbia, MO
Broken Clouds 72°
1pm 73°
2pm 75°
3pm 69°
4pm 67°

Select a station to view its upcoming schedule:

Coming Up Next

12:30p
Inside Edition
1:00p
Days of Our Lives
2:00p
The Dr. Oz Show
12:00p
Jerry Springer
1:00p
Maury
2:00p
Judge Alex

Tonight's Schedule

7:00p
Grimm
8:00p
Dateline NBC
9:00p
Dateline NBC
7:00p
The Originals
8:00p
Reign
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld