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MARCHWINSKI v. HOWARD

No. 00-2115.

309 F.3d 330 (2002)

Tanya L. MARCHWINSKI; Terri J. Konieczny; Westside Mothers, on behalf of all similarly situated persons, Plaintiffs-Appellees, v. Douglas E. HOWARD, in his official capacity as Director of the Family Independence Agency of Michigan, a governmental department of the State of Michigan, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 18, 2002.

Attorney(s) appearing for the Case

Robert A. Sedler (argued and briefed), Detroit, MI, Graham A. Boyd (briefed), ACLU Drug Policy Litigation Project, New Haven, CT, for Appellees.

Morris J. Klau (argued and briefed), Office of the Attorney General, Detroit, Ml, for Appellant.

Paul D. Kamenar (briefed), Washington Legal Foundation, Washington, DC, for Amicus Curiae.

Daniel N. Abrahamson, The Lindesmith Center, Office of Legal Affairs, Oakland, CA, for Amicus Curiae American Public Health Association.

Before SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

Defendant-appellant Douglas Howard, the director of the Michigan Family Independence Assistance program ("FIA"), appeals the district court's grant of a preliminary injunction based on Michigan's failure to identify a "special need" related to public safety that would allow the state — without a requirement of individualized suspicion — to drug test the plaintiff-appellees, a class of persons eligible for...

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