Man sues Dickson judge for forcing a drug test

[Guest AmericanWorkMule]

I've been in Durwood Moore's courtroom before. I feel he is a jerk. We were fraud victims and he acted like it was our own fault. Good thing for out of county lawyers or we would've lost our case.

Court spectator asking for $1.5 million in restitution for incident

A man is suing a Dickson County judge, the sheriff and a handful of deputies for allegedly violating his civil rights when the judge ordered him to take a drug screening.

The incident occurred in General Sessions Judge Durwood Moore's courtroom in January of 2008. Benjamin Marchant was a spectator in the courtroom that day, waiting to give a friend a ride home. Moore ordered a drug screening on Marchant, and had sheriff's office deputies escort him out of the room to administer the urinalysis.

Marchant's drug test came back negative. But even if it were positive, the Tennessee Court of the Judiciary ruled in May that Moore had no right to order Marchant to take a drug test. He was censured in May by the board, which is an extension of the Tennessee Supreme Court, for the incident, and his actions were described as illegal and unconstitutional. ...

(edited length)

Man sues Dickson judge for forcing a drug test | tennessean.com | The Tennessean

[Guest Drewsett]

As my father used to always say

All judges are failed lawyers.

This guy needs to lose his job.

[Guest jackdm3]

Will it anger you guys if the ACLU shows up to render the wrong righted?

[NuTcAsE]

Good! They should all be in jail.

[BrasilNuts]

From the linked article...

Moore has issued a written statement that he "routinely drug screens 'spectators' in his courtroom if he 'thinks' they may be under the influence of drugs."

Can he legally do that?

[Guest malbolja]

Will it anger you guys if the ACLU shows up to render the wrong righted?

Even a blind hog finds an acorn once in a while.

Losing his job should only be the beginning of the punishment for this tin pot dictator.

[Guest Drewsett]

Will it anger you guys if the ACLU shows up to render the wrong righted?

It wouldn't anger me...

Check the quote from Jefferson in my signature.

The ACLU serves its purpose...some of the cases it takes on are pretty boneheaded...but yeah, check the quote.

[LagerHead]

Will it anger you guys if the ACLU shows up to render the wrong righted?

Not me. Every now and then even the ACLU gets one right. Whatever it takes to get that judge off the bench. He's a damn menace to society. There is no way I would have submitted, even though I have never even smoked a joint. I would have been jailed on principle. What a super douche bag judge. </rant>

From the linked article...

Moore has issued a written statement that he "routinely drug screens 'spectators' in his courtroom if he 'thinks' they may be under the influence of drugs."

:stunned:Can he legally do that?

I don't see how he can. You can't just pick people out of a crowd and order them to do whatever you want just because you're a judge. Too many judges in this country think that they ARE the law. I'm getting about tired of them.

Maybe one of our lawyers can tell if this is really legal.

[trblmkr13]

It really seems like the power of being a Judge has gone to his head

[Guest 6.8 AR]

Isn't that profiling?

[Guest tnpanscraper]

With a name like Durwood, no wonder he's a prick... Probably getting back at all the folks who picked on him as a child...

[TripleDigitRide]

I suspect it won't be long before more will come forward with similar claims and lawsuits.

This will turn out very well for the plaintiff.

[Guest tnpanscraper]

Mass tort litigation on his a$$...Lol...

[Guest Drewsett]

This will turn out very well for the plaintiff's attorney.

There, fixed that for ya

Lord knows the actual plaintiffs will be lucky to see half the money they are awarded.

[Guest mcgyver210]

The only way we will ever quit being harassed by corrupt power hungry authority figures is by making it very public. Also if a Judge Leo etc abbuses thier power given to them they should be held to a higher standard since they are supposed to be the good guys.

Just look at the recent events with Judges abusing their positions & being judged behind closed doors by other judges.

If it was me I wouldn't be satisfied until the Judge & all LEO's involved at minimum lost their jobs.

[LagerHead]

The only way we will ever quit being harassed by corrupt power hungry authority figures is by making it very public. Also if a Judge Leo etc abbuses thier power given to them they should be held to a higher standard since they are supposed to be the good guys.

Just look at the recent events with Judges abusing their positions & being judged behind closed doors by other judges.

If it was me I wouldn't be satisfied until the Judge & all LEO's involved at minimum lost their jobs.

Agreed. Except the LEO's losing their jobs. They're not the lawyers, so they just do what the judge tells them. The judge is supposed to know and act within the law, so yes, toss his sorry but out on his ear.

[Kegger]

That's a complete violation of the 4th amendment.

Illegal search and seizure without probable cause.

Time to pull this d-bags ticket.

[Motasyco]

What could be his objective? What is there to gain? Can you be prosecuted for failing a drug screen? I can't comprehend why the judge would do this. Perhaps he just likes to screw with people.

[Guest Drewsett]

Agreed. Except the LEO's losing their jobs. They're not the lawyers, so they just do what the judge tells them. The judge is supposed to know and act within the law, so yes, toss his sorry but out on his ear.

Sounds like the Nuremberg defense to me...

If the LEO's should have known better then they should go down as well. An unlawful order is...well, unlawful

[LagerHead]

Sounds like the Nuremberg defense to me...

If the LEO's should have known better then they should go down as well. An unlawful order is...well, unlawful

I actually thought about that as I was typing it, but how do they know it's unlawful? I mean they were told to give a guy a drug test, which is something they do on a regular basis anyway when someone refuses to submit at a traffic stop. I'm just saying they shouldn't be fired. Maybe some other "corrective" action, but I think the judge is the one to blame here.

[Guest mcgyver210]

Sounds like the Nuremberg defense to me...

If the LEO's should have known better then they should go down as well. An unlawful order is...well, unlawful

Well said & exactly why I wrote what I did. What is the saying always used against civilians when one says they didn't know "Ignorance is no excuse in the eyes of the law" I think the same goes for the LEO's in this case & what makes it worse is they have done this routinely.

This type of thing is what has made the general public loose Trust & Respect for the people charged with making & enforcing the laws. Too many of them now days believe they are above the laws or have immunity when they BREAK the laws.

I this doesn't make them all bad but it doesn't make it ok when they get away with a slap on the wrist compared to what they do to civilians without all their protections.

Edited January 8, 2010 by mcgyver210

[Guest Sgt. Joe]

I have never taken an LEO's oath so I dont know but does it contain anything about a lawful vs unlawful order? like the Military one?

These LEO's I would assume are only court officers (bailiffs if you will) and if they had been told to do this typeof thing previously and without any recourse, they would have no reason to believe it was unlawful to do so.

I guess they know better now. But I dont think they should be fired....at worst a letter of reprimand put in their files. With a period of time set and then the letter removed so as to not continue to hurt their careers.

They then should be assigned to watch Da crazy judge pack his and escort "Him" off the property for good.

I also agree that the ACLU for all the stuff they do, that they do in fact serve a Just Cause from time to time.

[Guest jimdigriz]

Agreed. Except the LEO's losing their jobs. They're not the lawyers, so they just do what the judge tells them.

Don't the LEOs take an oath to the Constitution as well? Which is the higher authority, the judge, or the Constitution?

[Guest grimel]

From the linked article...

Moore has issued a written statement that he "routinely drug screens 'spectators' in his courtroom if he 'thinks' they may be under the influence of drugs."

:stunned:Can he legally do that?

From the original post:

But even if it were positive, the Tennessee Court of the Judiciary ruled in May that Moore had no right to order Marchant to take a drug test. He was censured in May by the board, which is an extension of the Tennessee Supreme Court, for the incident, and his actions were described as illegal and unconstitutional.

We (Anderson County) lost one idiot judge this month. Looks like Dickson County needs to lose one too!