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Court rules officials had no cause testing Richard for steroids
Amanda McElfresh
[email protected]
The Third Circuit Court of Appeals has ruled that a former Lafayette police officer may return to the department if he so chooses.
John Keith Richard was fired in August 2005 after testing positive for steroids during an internal investigation by the Lafayette Police Department.
The investigation followed a raid on the Meaux Avenue apartment of Mark Anthony Cormier, in which officers confiscated several bottles of anabolic steroids.
Richard's termination was upheld by the Lafayette Muni-cipal Fire and Police Civil Service Board and district court, but the appeals court ruled this week that officials had no reason to test Richard.
"Suspicion in this case is based on a phone call to officers participating in a drug raid and acquaintance through another job with suspected drug users," the appeals court panel wrote in their decision.
"No substantial investigation was conducted before ordering Richard to submit to the test, and there is no suggestion that his behavior suggested drug use."
Richard has not yet decided whether he wants to return to the department, his attorney William Goode said.
"We're studying our options," Goode said. "I know he was one of the best police officers they had. He's excited about the ruling. He loved being a police officer, and it really broke his heart when they took that away from him."
Goode said Richard now runs a security company in New Orleans.
Attorneys for the city may still ask the state Supreme Court to review the matter. City-Parish Attorney Pat Ottinger said no decisions have been made on what step the city will take next in the case.
"We're studying it and in due course it will be discussed with the administration and the council," Ottinger said