Eaton v. Lexington-Fayette Urban Cnty., No. 15-5732 (6th Cir. 2016)Annotate this Case
Eaton sought custody of his infant son, claiming that the child’s mother would endanger the child’s safety. The mother responded that Eaton had substance abuse issues. The court ordered both to undergo testing at Lexington's Community Alternative Program. The mother’s results were clean. Eaton tested positive for cocaine and opiates. The court ordered additional testing. Eaton took around 120 urine tests through the program. He tested positive for drugs at least 10 times and for alcohol at least 20 times. He unsuccessfully moved to strike the results as inaccurate. Several times, Eaton gave a sample at both the community program and an alternative site on the same day. He tested positive in four drug tests and one alcohol test. Apparently, the two sites' results never conflicted. The court granted sole custody to the mother. Eaton filed a 42 U.S.C. 1983 action, alleging that tests at the community program violated his Fourth Amendment rights and that the program “fail[ed] to use adequate procedures to allow for reasonable reliability of the test results.” The district court dismissed claims for declaratory and injunctive relief because they interfered with ongoing state litigation and stayed the damages claims, but later granted Lexington summary judgment. The Sixth Circuit affirmed. Eaton did not offer sufficient evidence to support his claim.