O'Neill v. State of Louisiana

Full title: PHILLIP E. O'NEILL, ETC, ET AL, PLAINTIFFS, AVERY C. ALEXANDER, IN HIS…

Court: United States Court of Appeals, Fifth Circuit

Date published: Dec 28, 1999

197 F.3d 1169 (5th Cir. 1999)

Opinion

No. 98-31415

December 28, 1999

Samuel S. Dalton (argued), Jefferson, LA, for Alexander.

James Carl Hrdlicka (argued), Baton Rouge, LA, for Foster, Hood and Drennen.

Cheney C. Joseph, Baton Rouge, LA, for Foster.

R. Gray Sexton (argued), Jennifer Guin Magnes, Ethics Administration Program, Baton Rouge, LA, for Roland, Blumenthal, Robert, Guidry, Orr, Ortique, Perry, Sawyer, Thornton, Ware and Winn.

William E. Rittenberg (argued), Jay Alan Ginsberg, Rittenberg Samuel, New Orleans, LA, for Morrell.

Haywood H. Hillyer, III, New Orleans, LA, for Gegenheimer, Amicus Curiae.

Appeal from the United States District Court, for the Eastern District of Louisiana.

Before WIENER and STEWART, Circuit Judges, and SHAW, District Judge.^_

_ District Judge of the Western District of Louisiana, sitting by designation.

PER CURIAM:

This is an appeal from the decision of the district court holding that Louisiana Revised Statute 42:1116.1, which provides for random drug testing of elected officials holding state office in Louisiana, is violative of the Fourth Amendment of the United States Constitution. We have reviewed the record on appeal and the appellate briefs of counsel, and have heard arguments of able counsel discussing the relevant facts from the record and the applicable law as related in briefs and those arguments. In the end we are satisfied that the district court committed no reversible error in applying the pertinent law to the virtually uncontested facts and that all rulings of the district court should be affirmed for essentially the reasons set forth in the complete and well-crafted opinion of that court.¹

1 See O'Neill, et al v. State of Louisiana, et al, 61 F. Supp. 2d 485 (E.D.La. 1998).

AFFIRMED.