Air Traffic Controller’s Drug Test Case Won’t Get Review

A federal appeals court in Washington declined to take another look at a fired air traffic control specialist’s claim that he was denied due process when he was removed from his job after allegedly testing positive for cocaine.

The Aug. 31 order by the U.S. Court of Appeals for the Federal Circuit rejected by an 11-2 vote Justin Grimsrud’s request for full court review of his lawsuit against the Department of Transportation. A three-judge panel in April upheld without opinion the Merit Systems Protection Board’s removal of Grimsrud from his post following a random drug test.

The two judges who ...