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BEER MAKER SUED OVER DRUG SEARCH.


Byline: Steven J. Gorman Daily News Staff Writer

Twenty current and former Anheuser-Busch Inc. employees have filed suit claiming that the company violated their civil rights in a drug search at the Van Nuys brewery last year that targeted senior and dissident workers.

The case, filed Wednesday in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  Superior Court, adds to a lawsuit brought in November by four other current and former employees alleging the company invaded the privacy of workers at the plant and subjected them to false imprisonment false imprisonment, complete restraint upon a person's liberty of movement without legal justification. Actual physical contact is not necessary; a show of authority or a threat of force is sufficient. The person falsely imprisoned may sue the offender for damages. , defamation defamation

In law, issuance of false statements about a person that injure his reputation or that deter others from associating with him. Libel and slander are the legal subcategories of defamation. Libel is defamation in print, pictures, or any other visual symbols.
 and emotional distress emotional distress n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm.  during the drug sweep.

A federal judge dismissed the earlier lawsuit July 9, ruling that the courts did not have jurisdiction over what amounted to a labor dispute covered under a collective-bargaining agreement and subject to binding arbitration.

The employees have appealed that decision to the 9th U.S. Circuit Court of Appeals.

A lawyer for Anheuser-Busch, John Golper, said Wednesday that the company ``acted completely lawfully'' and that Aug. 18 search was carried out as part of an effort ``to ensure a drug-free workplace.''

He acknowledged the new lawsuit's claim that company owner August Busch III For other persons with a similar name, see .

August Anheuser Busch III (born June 6, 1937) is the great-grandson of Anheuser-Busch founder Adolphus Busch and was the company's Chairman until November 30, 2006.
 had approved the operation, and he added that concerns about drug use at the plant had been raised by employees before the search.

But Andrew Wyatt, the attorney representing the workers, said the company ``went way too far.''

``One of the biggest problems with this search is that there was no probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. ,'' Wyatt said.

He said no drugs were found on any employee, and an examination of 300 cars and trucks in the parking lot turned up small amounts of marijuana or drug paraphernalia drug paraphernalia Controlled paraphernalia Substance abuse As defined in a regulatory context, DP is a hypodermic syringe, needle, metal or plastic (snorting) tube, or other instrument or implement or combination adapted for the administration of controlled  in just three vehicles.

The owners of those three vehicles and two other employees, one of whom refused to submit to a search, were fired, Wyatt said.

Before the cars were searched, employees were first subjected to a pat-down, in which they were ordered to remove their shoes and socks and empty their pockets, Wyatt said. Employees, he said, were locked inside the brewery as the hours-long search continued.

Golper disputed the account and said employees were able to leave through a delivery entrance that was left open. ``No one was detained de·tain  
tr.v. de·tained, de·tain·ing, de·tains
1. To keep from proceeding; delay or retard.

2. To keep in custody or temporary confinement:
 for substantial periods of time,'' he said.

Wyatt said the drug sweep appeared to have been designed to target workers who management considered undesirable.

``Some of the people singled out were considered dissidents. Some had filed workers compensation cases,'' he said. ``Most of the people on that list are senior employees.''

CAPTION(S):

Photo

Photo: Attorney Andrew Wyatt, representing brewery employee s, speaks at a Van Nuys news conference.

David Sprague/Daily News
COPYRIGHT 1996 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Aug 15, 1996
Words:434
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