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Monday, October 14, 2019

Waynesburg Central student files suit, says he was suspended for refusing urine test while suspected of being on drugs


By Carrie Bradon | Apr 19, 2019

PITTSBURGH — A student is suing his school, alleging that he was suspended when he refused to take a urine test under suspicion of being on drugs.

Sawyer Cole filed a complaint on April 3 in the U.S. District Court for the Western District of Pennsylvania against Central Greene School District, Helen McCracken, Matthew Blair, Andrew Zimmer, Justin Stephenson and Robert Stephenson.

According to the complaint, the plaintiff is seeking damages for an incident that took place while the plaintiff was a senior at Waynesburg Central High School. The suit states that the plaintiff arrived at school on Jan. 24, 2018, and fell asleep as he had been suffering from a cold and was on cold medicine. 

Shaffer approached the vice principal and said that the plaintiff was "out cold" in study hall and the plaintiff was made to go through a medical evaluation without his consent, he says. 

The plaintiff was never given the chance to say that he was taking medication for a cold and the defendant at some point called a drug-testing company to test the plaintiff by a urine test, the suit claims.

The plaintiff allegedly was not given the option to forego the test or to speak to his parents or an attorney. When the plaintiff tried to refuse the test, he was told that he would be considered positive for drugs if he did not comply, the suit claims. 

The plaintiff was suspended after he refused to take the test and the plaintiff was eventually expelled for the remained of the school year, the suit says.

The defendant is accused of violation of civil rights, unreasonable search and seizure, malicious use of civil process.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Adam J. Belletti of Pollock, Morris, Belletti and SImms LLC.

The Western District Court Case number 2:19-CV-00375

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