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Magistrate Slaps Down Scott, Sides with ACLU

A federal magistrate has denied Gov. Rick Scott and his office full access to records from the ACLU in the group’s legal battle with the governor over drug testing of state employees.

Gov. Rick Scott’s office had sought records from the ACLU and wanted to depose organization officials as it fights the group’s lawsuit over a new drug testing law.

On Monday, U.S. Magistrate Edwin Torres allowed Scott access only to documents that have already been published or put up on the ACLU’s web site, and turned down Scott’s request to take depositions from ACLU officials.

At issue in the case is whether drug testing of state employees with no suspicion of drug use violates their constitutional freedom from unwarranted searches or seizures.

Whatever information ACLU might have about employees’ drug use or drug testing “has no relevance to the constitutional claim at issue,” Torres wrote.

ACLU officials claimed the governor’s office was trying to harass the organization.

The underlying case is pending in federal district court in Miami.

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