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BARRETT v. CLAYCOMB

No. 12-1001.

705 F.3d 315 (2013)

Michael BARRETT, IV; Brandon Kittle-Aikeley; Jacob Curliss; John Doe, Plaintiffs-Appellees v. Donald M. CLAYCOMB, in his official capacity as President of the Linn State Technical College Board of Regents; Toni R. Schwartz, in her official capacity as member of the Linn State Technical College Board of Regents; John Klebba, in his official capacity as member of Linn State Technical College Board of Regents; Christopher T. Davidson; Diane Benetz, in her official capacity as member of Linn State Technical College Board of Regents; Mark J. Collom; Kenneth L. Miller, in his official capacity as member of Linn State Technical College Board of Regents; Erick V. Kern, in his official capacity as member of Linn State Technical College Board of Regents, Defendants-Appellants. Students for Sensible Drug Policy; Missouri Association for Social Welfare; Missouri Chapter — National Association of Social Workers; Missouri National Education Association; National Association of Social Workers; National Education Association; The American Academy of Addiction Psychiatry, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 29, 2013.

Attorney(s) appearing for the Case

Kent L. Brown , argued, Jefferson City, MO, for appellants.

Jason D. Williamson , argued, New York, NY, Anthony E. Rothert , Grant R. Doty , on the brief, Saint Louis, MO, for appellees.

Daniel Lynn Viets , Columbia, MO, on the amicus curiae brief for Students for Sensible Drug Policy.

Daniel Nathan Abrahamson , Theshia Naidoo , Tamar Todd , Berkeley, CA, Christopher Donohoo , East Alton, IL, on the amicus brief for Missouri Association for Social Welfare, Missouri Chapter — National Association of Social Workers, Missouri National Education Association, National Association of Social Workers, National Education Association, and The American Academy of Addiction Psychiatry.

Before WOLLMAN, BEAM, and LOKEN, Circuit Judges.

BEAM, Circuit Judge.

In this interlocutory appeal, Donald Claycomb, in his official capacity as President of the Linn State Technical College Board of Regents; along with members of the Board of Regents, also in their official capacities; appeal from the district court's grant of a preliminary injunction, which halted a mandatory drug-testing policy implemented by Linn State. Having jurisdiction over this interlocutory appeal under 28 U.S.C. § 1292(a)(1), we...

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