Federal Court of Appeals dismisses suit against the Jersey City police chief upholding his rights to require officers to submit for anabolic steroids drug test.

Chief Tom Comey contend in the lengthy legal fight that he has an obligation to ensure that the officers do not pose risk to the public with steroid use and increased aggression. An investigative report revealed that several Jersey City police officers were involved in the illegal purchase and use of steroids last year which prompted the police department to conduct steroid testing.

Police Officers Filed Suit against the Steroid Test

There were initially seven officers who filed a suit claiming that Comey had violated their civil rights when he ordered the officers to undergo test, stripped them off their weapons and assigned them to desk duty. Police officers with elevated levels of testosterone were ordered to remain on modified duty without access to their firearm until their levels returned to normal range and the drug test result is known.

The Jersey City police officers argued that they took their steroids for a legitimate medical condition called hypogonadism. Use of testosterone can ease symptoms that include fatigue and impotence. The officer’s lawyer, D. Gayle Loftis further assert that his clients used a legal prescription of drugs that doctors in New Jersey are authorized to prescribed.

Court records show that officers Nicholas Kramer, Brian Mc Govern and Patrick Fray were among of more than 40 Jersey officers who obtained anabolic steroid or human growth hormone from Lowen’s Pharmacy in Brooklyn. Investigators are determined that the pharmacy is more than an illegal steroid mill. Authorities state that the officers obtained prescriptions from a doctor who faked diagnosis in many cases in order to help clients achieve stronger muscles and bigger body built.

According to court papers, two police officers who are found taking steroids stopped the treatment while another officer decided to continue the treatment at lower doses. That officer was then suspended for five months without pay after having an unaccepted elevated testosterone level.

Lower Court’s Decision Upheld

The 3rd Circuit Court of Appeals in Philadelphia sided with Tom Comey who in their opinion only exercised his authority to ensure that his personnel’s are capable of providing public safety services to the citizen’s of New Jersey. They upheld the decision of the lower court.

It was further cited that police officers must be mentally fit as their profession is both dangerous and highly stressful. Julio Fuentes, the Appeals Court Judge strongly stressed that the use of potent steroid may lead in exerting the “awesome and dangerous power” of these officials. The nature of the job and the intensity of service these police officials render to the public require them to perform with their utmost ability at all times.

The court has specifically imposed that in order to ensure that the officers are mentally and physically fit to perform their job, the police department may require its officers to divulge information about prescription drug use to uphold the interest of the police department.

The deputy chief, Peter Nalbach who was also involved in decision of placing the officers in desk duty, has expressed his gratefulness to the courts verdict. He noted that the court took a stand to defend the public interest.

A motion to ask the appellate panel to reconsider will be filed by the officer’s lawyer, D. Loftis early next month. They are also considering filing a lawsuit in the state court instead with the ground of violating the Law against Disabilities and the state Civil Rights Act.

Trackback URI | Comments RSS