United States Second Circuit

Summary judgment to defendants on plaintiffs' Fourth Amendment challenge to the New York City Police Department's policy of administering a breathalyzer test to any officer who discharges a firearm resulting in death or personal injury, is affirmed, where the testing is reasonable under the special needs doctrine, and thus, plaintiffs' Fourth Amendment challenge fails as a matter of law.

Appellate Information

• Decided 11/15/2013
• Published 11/15/2013

Judges

• RAGGI

Court

• United States Second Circuit

Counsel