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HUNSAKER v. CONTRA COSTA COUNTY

No. 97-16542.

149 F.3d 1041 (1998)

Jerry HUNSAKER, Jr.; Hubert Hardge; Martha Jensen, Plaintiffs-Appellees, v. CONTRA COSTA COUNTY; The Contra Costa County Health Services Department; The Contra Costa County Social Services Department; Philip Batchelor, Contra Costa County Administrator, in his individual and official capacities; Robert Hofmann, Interim Director, Contra Costa County Social Services Department, in his official capacity; Mark Finucane, Director, Contra Costa County Health Services Department, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 20, 1998.

Attorney(s) appearing for the Case

Bernard Knapp, Deputy County Counsel, Office of County Counsel, Martinez, CA, for defendants-appellants.

David J. Berger, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA, for plaintiffs-appellees.

Before: WALLACE, T.G. NELSON, and KLEINFELD, Circuit Judges.

WALLACE, Circuit Judge:

Contra Costa County and several of its administrators (County) appeal from a permanent injunction. Hunsaker and others in the plaintiff class (Hunsaker) obtained the injunction which prevented the County from administering the Substance Abuse Screening Inventory (test), a pen-and-paper screening test, to applicants for the County's general assistance program. According to Hunsaker, the test had a disparate impact on recovered and recovering...

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