Norris v. Premier Integrity Solutions, Inc., No. 09-6252 (6th Cir. 2011)Annotate this Case
In order to participate in a pre-trial release program, the defendant agreed to random drug testing. He submitted to five tests that involved urination in full view of an employee of the private company that conducts tests for the Kentucky courts. The district court dismissed a suit under 42 U.S.C. 1983. The Sixth Circuit affirmed, first acknowledging that the company acted under color of state law. The direct observation method of urine collection was not unreasonable under the Fourth Amendment. The manner of collection is a matter of judicial administration, not law enforcement; the court's interest in ensuring accurate testing outweighs the defendant's diminished expectation of privacy. Cheating is pervasive and there is no requirement of suspicion that an individual defendant will cheat. Rejecting tort claims of false light, intentional infliction of emotional distress, and intrusion into solitude, the court stated that the conduct did not go beyond the bounds of decency and that the defendant had no right to privacy under the circumstances.