Peery v. Chicago Housing Authority

Dist. Ct. did not err in denying plaintiff’s request for preliminary injunction in action alleging that defendants violated plaintiffs’ constitutional rights by requiring them to take annual drug tests as part of condition for plaintiffs being allowed to renew residential leases as tenants in certain housing buildings. Dist. Ct. could properly find that plaintiffs’ underlying claim lacked merit where source of instant drug-testing policy were defendants-private owners of said buildings rather than defendant housing authority, and where said policy would therefore be beyond reach of 4th Amendment. Moreover, while there was evidence that housing authority did not disapprove of drug testing in subject buildings and had requested that one private owner conduct said tests, record also showed that decisions to drug-test were made by building owners, and that housing authority did not coerce said owners to require drug testing of its tenants.