drug test (Arkansas) · Go Syfert
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drug test in Arkansas

22 Arkansas opinions name it 3 courts 1989–2019 0 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Stone v. Steedgreen
arkctapp · 1996 · cited in 1 Arkansas opinions naming this issue, 2019–2019
1 sentence

2019See Stone v. Steed, 54 Ark.

11
Dawson v. Stategreen
arkctapp · 2015 · cited in 1 Arkansas opinions naming this issue, 2015–2015
1 sentence

2015See Dawson, supra. In his testimony, Mr. Johnson admitted that he quit reporting to probation after he failed a drug test in July 2007, and his conditions required him to report as directed.

11
Linker-Flores v. Arkansas Department of Human Servicesgreen
ark · 2004 · cited in 1 Arkansas opinions naming this issue, 2014–2014
2 sentences

2014After a “full examination of the record” we are persuaded that appealing the court’s termination decision as to Poss pursuant to Ark.Code Ann. § 9-27-341(b)(3)(B)(vii) (a) (the subsequent “other factors or issues” ground) “is frivolous.” Linker-Flores v. Ark Dep’t Human Servs., 359 Ark. 131, 141 , 194 S.W.3d 739, 748 (2004).

2014After a “full examination of the record” we are persuaded that appealing the court’s termination decision as to Poss pursuant to Ark.Code Ann. § 9-27-341(b)(3)(B)(vii) (a) (the subsequent “other factors or issues” ground) “is frivolous.” Linker-Flores v. Ark Dep’t Human Servs., 359 Ark. 131, 141 , 194 S.W.3d 739, 748 (2004).

11
Brown v. Alabama Electric Co.green
arkctapp · 1998 · cited in 1 Arkansas opinions naming this issue, 2009–2009
2 sentences

2009More importantly, the plain language of the statute does not require that an employee take a drug test of the employer’s choosing but refers only to “reasonable and responsible testing.” This court has previqusly stated in Brown v. Alabama Electric Co., 60 Ark.App. 138, 144 , 959 S.W.2d 753, 756 (1998), that section 11-9-102 does not require that the Commission promulgate drug-testing procedures or specify particular types of tests to be used as a precondition to the intoxication presumption.

2009More importantly, the plain language of the statute does not require that an employee take a drug test of the employer’s choosing but refers only to “reasonable and responsible testing.” This court has previqusly stated in Brown v. Alabama Electric Co., 60 Ark.App. 138, 144 , 959 S.W.2d 753, 756 (1998), that section 11-9-102 does not require that the Commission promulgate drug-testing procedures or specify particular types of tests to be used as a precondition to the intoxication presumption.

11
Super Tire Engineering Company v. Teamsters Local Union No. 676green
ca3 · 1983 · cited in 1 Arkansas opinions naming this issue, 1995–1995
2 sentences

1995See Super Tire Engineering Co. v. Local 676, supra. See also, Carnes, Arbitration in Arkansas, Arkansas Law Notes 17 (1992).

1995See Super Tire Engineering Co. v. Local 676, supra. See also, Carnes, Arbitration in Arkansas, Arkansas Law Notes 17 (1992).

11
Singleton v. UN. COMP. BD. OF REV.green
pacommwct · 1989 · cited in 1 Arkansas opinions naming this issue, 1995–1995
2 sentences

1995The court said the employer's "inclusion of a drug screen as part of the physical exam is a reasonable test to aid in assessing whether a prospective transporter meets minimum standards necessary to insure the safety of all those who come into contact with the transporting vehicles." Id. at 577.

1995The court said the employer’s “inclusion of a drug screen as part of the physical exam is a reasonable test to aid in assessing whether a prospective transporter meets minimum standards necessary to insure the safety of all those who come into contact with the transporting vehicles.” Id. at 577 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (18)

CaseCitedYears
Edmisten v. Bull Shoals Landing green
ark · 2014
2 sentences

2014Edmisten stated that he told Schlote he wanted to take a drug test at a doctor’s 5 Cite as 2014 Ark. 89 office, and when Schlote refused his request, he quit.

2014Eastwold said 7 Cite as 2014 Ark. 89 that he told Edmisten he would have to pass a drug test before coming back to work and that Edmisten told him he could not pass a drug test that day and would rather take it after the first of the year when he was sure he could pass it.

22014–2014
Emmons v. Ark. Dep't of Human Servs. green
arkctapp · 2013
2 sentences

2013Appellant Kimberly Emmons was found to have failed to maintain stable housing and employment, and appellant Robert Emmons was again found to have failed a drug test, failed to maintain 3 Cite as 2013 Ark.

2013Appellant Kimberly Emmons was found to have failed to maintain stable housing and employment, and appellant Robert Emmons was again found to have failed a drug test, failed to maintain 3 Cite as 2013 Ark.

22013–2013
Chandler v. Miller green
scotus · 1997
2 sentences

2005In Chandler , the Court held that a Georgia statute requiring candidates for office to pass a drug test was unconstitutional because Georgia failed to articulate a "special need" that would trigger the exception to the Fourth Amendment described above. 520 U.S. at 323 .

1999In Chandler , which involved a challenge to a Georgia statute requiring candidates for state offices to certify that they had passed a drug test, the Supreme Court stated that the "special need for drug testing must be substantial — important enough to override the individual's acknowledged privacy interest, sufficiently vital to suppress the Fourth Amendment's normal requirement of individualized suspicion." 520 U.S. at 318 .

21999–2005
Barnes v. Ark. Dep't of Human Servs. neutral
arkctapp · 2017
1 sentence

2017The trial court also found that section 9-27- 341(b)(3)(B)(ii)(a) supported termination of Elizabeth’s parental rights because she had willfully failed to provide significant material support in accordance with her means or to 6 Cite as 2017 Ark.

12017–2017
Lee v. State green
ark · 2006
2 sentences

2015Id. at 91 , 238 S.W.3d at 57 . ,In fact, Lambert’s behavior became so erratic that during Lee’s Rule 37 hearing, counsel for the State requested that Lambert submit to a drug test. 4 Id.

2015Id. at 91 , 238 S.W.3d at 57 . ,In fact, Lambert’s behavior became so erratic that during Lee’s Rule 37 hearing, counsel for the State requested that Lambert submit to a drug test. 4 Id.

12015–2015
Taylor v. Ark. Dep't of Human Servs. neutral
arkctapp · 2015
1 sentence

2015Code Ann. § 9-27-341 (b)(3)(B)(i)(a) (Supp. 2013). 2 Cite as 2015 Ark.

12015–2015
Williams v. State neutral
arkctapp · 2013
1 sentence

2013The State alleged in its petition to revoke that Williams had violated conditions of probation by failing to pay fines, costs, and fees as directed; failing to report; failing to pay probation fees; failing to notify of current address and employment; possessing and using marijuana; attempting to compromise a drug test; and failing to complete community service Cite as 2013 Ark.

12013–2013
National Treasury Employees Union v. Von Raab green
scotus · 1989
2 sentences

2012As such, we conclude that the drug test meets the “reasonableness requirement of the Fourth Amendment.” Id. at 665 , 109 S.Ct. 1384 .

2012As such, we conclude that the drug test meets the “reasonableness requirement of the Fourth Amendment.” Id. at 665 , 109 S.Ct. 1384 .

12012–2012
Skinner v. Railway Labor Executives' Assn. green
scotus · 1989
2 sentences

2012Moreover, although he complains that he was “seized” when he was not allowed to drive his own vehicle to the testing facility, the Supreme Court has held that “the employer’s antecedent interference with the employee’s freedom of movement” need not |15be considered an independent Fourth Amendment seizure, Skinner, 489 U.S. at 618 , 109 S.Ct. 1402 , and “[t]o the extent transportation and like restrictions are necessary to procure the requisite ... urine samples for testing, this interference alone is minimal given the employment context in which it takes place.” Id. at 624 , 109 S.Ct. 1402 .

2012Moreover, although he complains that he was “seized” when he was not allowed to drive his own vehicle to the testing facility, the Supreme Court has held that “the employer’s antecedent interference with the employee’s freedom of movement” need not |15be considered an independent Fourth Amendment seizure, Skinner, 489 U.S. at 618 , 109 S.Ct. 1402 , and “[t]o the extent transportation and like restrictions are necessary to procure the requisite ... urine samples for testing, this interference alone is minimal given the employment context in which it takes place.” Id. at 624 , 109 S.Ct. 1402 .

12012–2012
Woodall v. Hunnicutt Construction green
ark · 2000
2 sentences

2008In Woodall v. Hunnicutt Construction, 340 Ark. 377 , 12 S.W.3d 630 (2000), the claimant’s urine test was positive for cocaine metabolites.

2008In Woodall v. Hunnicutt Construction, 340 Ark. 377 , 12 S.W.3d 630 (2000), the claimant’s urine test was positive for cocaine metabolites.

12008–2008
Ester v. National Home Centers, Inc. green
ark · 1998
2 sentences

2008In Ester v. National Home Centers, Inc., 335 Ark. 356 , 981 S.W.2d 91 (1998), the claimant’s drug test returned positive for opiates and cocaine metabolites.

2008In Ester v. National Home Centers, Inc., 335 Ark. 356 , 981 S.W.2d 91 (1998), the claimant’s drug test returned positive for opiates and cocaine metabolites.

12008–2008
Schmidt v. Safeway Inc. green
ord · 1994
1 sentence

2008Ill. 2000) (not reported in F.Supp.2d) (granting transit authority's motion for summary judgment on bus operator's ADA claim because an employee who fails a drug test and does not successfully complete treatment is not a "qualified individual" for purposes of making a prima facie ADA claim, stating that "[e]ven if Plaintiff's status as a recovering drug addict is viewed as a protected disability status, the employer is unquestionably entitled to take action on the basis of her use of drugs or failure to complete a drug abuse program"); Schmidt v. Safeway Inc ., 864 F.Supp. 991 (D.

12008–2008
King v. State green
ark · 1999
1 sentence

2005Norris v. State, 338 Ark. 397 , 993 S.W.2d 918 (1999), supplemental opinion at 338 Ark. 397 , 999 S.W.2d 183 (1999).

12005–2005
Norris v. State green
ark · 1999
2 sentences

2005Norris v. State, 338 Ark. 397 , 993 S.W.2d 918 (1999), supplemental opinion at 338 Ark. 397 , 999 S.W.2d 183 (1999).

2005Norris v. State, 338 Ark. 397 , 993 S.W.2d 918 (1999), supplemental opinion at 338 Ark. 397 , 999 S.W.2d 183 (1999).

12005–2005
No. 85-1537ea green
ca8 · 1986
1 sentence

1998Id. at 761 .

11998–1998
Szostek v. UN. COMP. BD. OF REV. green
pacommwct · 1988
1 sentence

1995In Szostek v. Unemployment Compensation Board of Review, 116 Pa. Cmwlth. 7, 541 A.2d 48 (1988), the court affirmed the denial of benefits to an employee who failed to pass a drug test given after the employee was returned to work from a drug rehabilitation program.

11995–1995
Nard v. State green
ark · 1991
2 sentences

1992Code Ann. § 12-12-313 (a) (Supp. 1991), permits introduction of a drug analysis report when “attested to by the executive director [of the State Crime Laboratory] or his assistants, associates, or deputies.” In support of his argument Willis relies on Nard v. State, 304 Ark. 159 , 801 S.W.2d 634 (1990), where we held that the Statute requires more than the mere signature of the person or chemist who performed the analysis.

1992Code Ann. § 12-12-313 (a) (Supp. 1991), permits introduction of a drug analysis report when “attested to by the executive director [of the State Crime Laboratory] or his assistants, associates, or deputies.” In support of his argument Willis relies on Nard v. State, 304 Ark. 159 , 801 S.W.2d 634 (1990), where we held that the Statute requires more than the mere signature of the person or chemist who performed the analysis.

11992–1992
Gladden v. Arkansas Children's Hospital green
ark · 1987
2 sentences

1989In discussing these two potential state law claims, initial reference must be made to Arkansas' "employment-at-will" doctrine, which the Arkansas Supreme Court has most recently espoused in Gladden v. Arkansas Children's Hospital, 292 Ark. 130 , 728 S.W.2d 501 (1987).

1989In discussing these two potential state law claims, initial reference must be made to Arkansas' "employment-at-will" doctrine, which the Arkansas Supreme Court has most recently espoused in Gladden v. Arkansas Children's Hospital, 292 Ark. 130 , 728 S.W.2d 501 (1987).

11989–1989

Statutes the citing opinions construe

AR § Ark. Code Ann. § 9-27-341 (5) AR § Ark. Code Ann. § 11-9-102 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 171 (1984–2026) NY 102 (1987–2026) PA 67 (1989–2026) CA 57 (1991–2026) OH 46 (1994–2025) IL 40 (1978–2026) MA 31 (1986–2023) LA 31 (1983–2024) GA 27 (1973–2026) NM 27 (1993–2025) FL 23 (1991–2023) IN 23 (1993–2020) AR 22 (1989–2019) AZ 21 (1976–2026) NJ 21 (1989–2026) TN 20 (2000–2025) WA 16 (1997–2020) NC 16 (1998–2023) MS 15 (1991–2024) UT 15 (2009–2025) AL 15 (1975–2017) IA 14 (1969–2025) MD 14 (1988–2024) MO 14 (1979–2024) ME 11 (1995–2023) OK 10 (1991–2024) MI 9 (2000–2025) CO 9 (1993–2022) AK 8 (1977–2024) KS 8 (1995–2024) DC 8 (1991–2026) VA 8 (1995–2024) WV 7 (1991–2025) CT 7 (1998–2021) SC 6 (2002–2018) ID 6 (2006–2024) MT 5 (1984–2018) WI 5 (1991–2021) KY 4 (2000–2019) MN 4 (2008–2024) NV 4 (1991–2019) WY 4 (1990–2016) NE 4 (2008–2022) ND 3 (1987–2015) DE 3 (2016–2025) OR 3 (1991–1992) HI 2 (2006–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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