Las Vegas Sun

May 19, 2013

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Schoolteacher files lawsuit over ‘invasive’ drug test

A Las Vegas middle school teacher has filed a lawsuit in federal court against the Clark County School District for allegedly holding her against her will in a room and forcing her to take an “invasive” drug test. Christa Casillas, a teacher at Cadwallader Middle School, is seeking injunctive relief ordering the School District to change its drug testing regulations, policies and procedures to conform with constitutional Fourth Amendment mandates. She is also seeking compensatory damages of $100,000, punitive damages and attorneys’ fees. Her attorney is Richard Segerblom. The suit also names several school administrators and support staff reportedly involved ...

Discussion: 14 comments so far…

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  1. Typical of a school union and exactly why our schools don't need unions.

  2. First they had to tell her why she was being summoned, second they can't force her to take a drug test, third they refused to allow her union rep to be present. And lastly they forceably stopped her from leaving. If she refused to take the test she could be fired, but not under the circumstances because she was denied representation and freedom of choice. The school district is gonna pay for this one. Just because you are an employee does not mean you give up your rights. No matter if it is a public or private employer. Nevada has a law that says public employees can't sue their employer but the intent of the law is unenforceable.

  3. Utterly speechless? Me too. "No Im not accountable for using drugs and failing a drug test. I want my job back and $100k plus legal."
    Well I, for one, want this person as far away from children as possible. She is irresponsible, unaccountable drug user.

  4. Christa will win this one.

    If you want to hold teachers hostage, hold cops hostage too. Hold plumbers and pilots and priests and psychiatrists.

  5. Seven very convincing words as to why the school district is on the hook: "Don't let nobody out of this room" - OJ Simpson.

  6. America has become a police state with anyone acting as police. This was wrong from the start. The drug laws are wrong.

    She should get her job back and the school district should change their policies.

  7. I am all for her being drug tested and losing her job if she fails, but it has to be fine within the law. If in fact they kept her in the room against her will then they committed a crime. If people in power overstep their legal authority then they have no business being in a position of power. I am, and I act within my lawful authority because if I don't I'm no better than the criminals I arrest.

  8. Sounds like there is a lot more to the story than what is here. Why was she summoned in the first place? My guess is that the school district suspected of her drug use.

    In these days of lawsuits, I am surprised the school district took the actions they did. I have a bad feeling they are going to be on the losing side of this lawsuit. And sadly, the teacher will likely have her job restored despite her apparent indiscretions.

  9. Um Eddie,

    It said she was already reinstated and subjected to random drug tests for 8 months and was clean. You cannot drug test an empoyee unless you have reasonable cause to do so. You cannot hold someone against their will unless you arrest them and charge them with a crime. This is called due process, and is guaranteed by the constitution. This has nothing to do with unions, as any employer would be made to pay in this case. She will win, and that will be that.

  10. Were you people posting there? Is it her word against theirs that they stood in front of her and didn't allow her to leave? Does due process only work one way? Let the case be heard before you see the school or employees as guilty just as you would any "person" who is presumed innocent until proven guilty. Obviously, the union rep was not there, and she has her job back due to that blunder.

  11. No wonder our kids in this city can't get a break, we have pot heads for teachers. God help us.

  12. She says "they blocked the door"....

    Did they also hold her down while they administered the test? Her story sounds fishy. She went from being blocked to leave to failing the test. Why did she take the test?

    Her story has holes.

  13. and the union gets her job back even though she failed the drug test. then they wonder why the communtiy doesn't like them much.

  14. Another reason why Unions are bad for society. They protected a known/proven drug user.....and this person is teaching kids in public school! I'm so glad we send/sent our kids to private schools, where they could oust people like this at will. I feel bad for the children who get a subpar teaching experience because of politics and bureaucracy.

  15. Sinatra,

    your assumption that teachers who smoke pot once in two years must necessarily be bad teachers is a bit wacko - wouldn't you agree?

    Random testing has found between 30% and 70% of our workers on the job have significant levels of drugs inside their bodies.

    In conversations with psychologists and social workers dealing with the issues of work-place-related drugging, it seems that a ball-park HALF of our workers on the job are loaded.

    If 'ousting at will' is to be honored as a fix for what ails a society, perhaps we might be better off to begin this ousting with ignorance as a criterion rather than with chemistry.

    Or else start in the white house and move our roving ousters all the way through our universe until only you and Mother Theresa remain.

  16. Comment removed by moderator. Inappropriate

  17. Comment removed by moderator. Personal Attack

  18. Oh, did we miss again? All teachers are "special" like Ms. Berkley and know better than everyone else. Teachers should not be expected to do anything that other employees routinely do. No teacher has every bullied a kid, had sex with a student, embezzled funds, ignored students while networking and unionizing.

  19. It never ceases to amaze me: the number of people who apparently do not believe in due process, reasonable suspicion or cause of action. All are part of "rule of law", those principles upon which the US legal system is founded. If you people don't like America, whydoncha go somewhere else!

  20. she wanted to leave so she could go buy the drug test cleaners they sell at all the head shops. Duh. If you tell someone they are going to get a drug test and then allow them to leave for a few hours, dont be surprised when they come back with masking agents in their urine or some other reason why they failed.

  21. Implied consent. If you agree to drive on our roads, you agree to be tested. When pulled over on suspicion, many drivers try to delay the test long enough for some of the booze to drain out of their blood stream. Sounds like teach thinks like a drunk driver.

  22. @Joe Lamy - Yes, drug users of any type are bad. It doesn't matter if you've used once in 2 yrs or once every 2 hrs.....if you're on drugs, you shouldn't be teaching kids. I'm sorry, but that's what I believe. The "union" protects people like this....thank God for private schools. This teacher should be punished and lose her job....those who believe otherwise deserve what they get.

  23. Wasn't there a former district attorney that was using drugs that was being commented on a few days ago?

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