Judge Again Stalls Linn State Drug Testing

5 years 3 months 3 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
Embed Code Copied

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
CALLAWAY COUNTY - Two people were arrested after taking law enforcement on a high speed chase throughout mid-Missouri Sunday, according... More >>
10 hours ago February 19, 2017 Feb 19, 2017 Sunday, February 19 2017 Sunday, February 19, 2017 6:36:00 PM CST in Coverage From Callaway
KANSAS CITY (AP) — A group of homeowners raised money for a man who was arrested in their neighborhood after... More >>
11 hours ago February 19, 2017 Feb 19, 2017 Sunday, February 19 2017 Sunday, February 19, 2017 6:05:00 PM CST in News
OVERLAND - The Overland Police Department cancelled the Amber Alert for a 9-month-old boy Sunday. According to police, the... More >>
15 hours ago February 19, 2017 Feb 19, 2017 Sunday, February 19 2017 Sunday, February 19, 2017 2:10:00 PM CST in News
JEFFERSON CITY (AP) — Missouri Gov. Eric Greitens has started complaining about the coverage his administration receives, but the Republican... More >>
15 hours ago February 19, 2017 Feb 19, 2017 Sunday, February 19 2017 Sunday, February 19, 2017 1:21:21 PM CST in News
COLUMBIA - Columbia saw one of its warmest weekends of the year so far with temperatures in the high 60s... More >>
16 hours ago February 19, 2017 Feb 19, 2017 Sunday, February 19 2017 Sunday, February 19, 2017 12:53:00 PM CST in News
CALLAWAY COUNTY- One man died and another was seriously injured in an overnight crash in Callaway County Sunday. According... More >>
16 hours ago February 19, 2017 Feb 19, 2017 Sunday, February 19 2017 Sunday, February 19, 2017 12:20:00 PM CST in News
BOONE COUNTY — The Boone County Fire Protection District responded to 12 natural cover fires on Saturday. The Columbia... More >>
1 day ago February 18, 2017 Feb 18, 2017 Saturday, February 18 2017 Saturday, February 18, 2017 8:28:00 PM CST in News
COLUMBIA - The Unitarian Universalist Church of Columbia (UUCC) and Missouri Faith Voices hosted a resistance training Saturday to educate... More >>
1 day ago February 18, 2017 Feb 18, 2017 Saturday, February 18 2017 Saturday, February 18, 2017 6:35:00 PM CST in News
BOONE COUNTY — Two people were taken into custody after leading police on a car chase through multiple counties Saturday... More >>
1 day ago February 18, 2017 Feb 18, 2017 Saturday, February 18 2017 Saturday, February 18, 2017 5:16:00 PM CST in News
KANSAS CITY (AP) — An online tool has disappeared for people to find out whether they are buying puppies from... More >>
1 day ago February 18, 2017 Feb 18, 2017 Saturday, February 18 2017 Saturday, February 18, 2017 4:46:00 PM CST in News
KANSAS CITY (AP) — A government report shows the number of farms in Missouri fell last year while the remaining... More >>
1 day ago February 18, 2017 Feb 18, 2017 Saturday, February 18 2017 Saturday, February 18, 2017 4:41:00 PM CST in News
COLUMBIA — The Acting Company based out of New York has crossed the country and is now in Columbia to... More >>
1 day ago February 18, 2017 Feb 18, 2017 Saturday, February 18 2017 Saturday, February 18, 2017 3:03:00 PM CST in News
JEFFERSON CITY — The Special Olympics Missouri Regional Basketball Tournament returned to Jefferson City for the third year Saturday. ... More >>
1 day ago February 18, 2017 Feb 18, 2017 Saturday, February 18 2017 Saturday, February 18, 2017 2:48:00 PM CST in News
JOPLIN (AP) — Supporters of Route 66 are pushing to have the roadway added to a national list of historic... More >>
1 day ago February 18, 2017 Feb 18, 2017 Saturday, February 18 2017 Saturday, February 18, 2017 1:14:00 PM CST in News
CAMDEN COUNTY — A male suspect attempted to gain entrance to a residence on Hackberry Trace in Montreal Saturday, the... More >>
1 day ago February 18, 2017 Feb 18, 2017 Saturday, February 18 2017 Saturday, February 18, 2017 1:05:00 PM CST in News
PINEVILLE (AP) — The Harry S. Truman Coordinating Council and the Northwest Arkansas Regional Planning Commission will be meeting to... More >>
1 day ago February 18, 2017 Feb 18, 2017 Saturday, February 18 2017 Saturday, February 18, 2017 12:38:29 PM CST in News
COLUMBIA — The Homes for Computers Program distributed 40 computers to eligible low-income Columbia families on Saturday. One mother... More >>
1 day ago February 18, 2017 Feb 18, 2017 Saturday, February 18 2017 Saturday, February 18, 2017 12:33:00 PM CST in News
JEFFERSON CITY (AP) — Applications for concealed carry permits in Missouri have been dropping after passage last year of a... More >>
1 day ago February 18, 2017 Feb 18, 2017 Saturday, February 18 2017 Saturday, February 18, 2017 11:21:00 AM CST in News
Columbia, MO
Broken Clouds 59°
6am 58°
7am 59°
8am 59°
9am 63°

Select a station to view its upcoming schedule:

Coming Up Next

5:00a
KOMU 8 News Today
6:00a
KOMU 8 News Today
7:00a
Today
5:00a
Paid Program
5:30a
Paid Program
6:00a
King of the Hill

Tonight's Schedule

7:00p
American Ninja Warrior
9:00p
Timeless
7:00p
Supergirl
8:00p
Jane the Virgin
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld