A firefighter trainee was discharged after taking puffs from a cigarette while on a break.  He had agreed as a job precondition that he would not smoke either on or off duty for one year after hire.  The U.S. Court of Appeals ruled that the city did not violate his rights of liberty and privacy since the no-smoking rule is presumed valid by virtue of the interest that the state has in regulating fire-fighters.

816 F.2d 539, 2 IER Cases 51, 2.6 TPLR 2.94 (10th Cir. 1987).