AMERICAN FEDERATION OF STATE, COUNTY v. SCOTT

No. 12-12908.

717 F.3d 851 (2013)

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES COUNCIL 79, Richard Flamm, Plaintiffs-Appellees, v. Rick SCOTT, in his official capacity as Governor of the State of Florida, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 29, 2013.


Attorney(s) appearing for the Case

Shalini Goel Agarwal , Randall C. Marshall , ACLU Foundation of Florida, Inc., Miami, FL, Peter G. Walsh , David W. Singer & Associates, Hollywood, FL, for Plaintiffs-Appellees.

Jesse Panuccio , Florida Dept. of Economic Opportunity, Michael Sevi , Charles M. Trippe , Executive Office of the Governor, Tallahassee, FL, for Defendant-Appellant.

Before MARCUS, BLACK and SILER, Circuit Judges.


MARCUS, Circuit Judge:

This appeal presents two closely related issues: first, the extent to which an executive order that mandates suspicionless drug testing of 85,000 state employees violates the Fourth Amendment; and, second, the propriety of the district court's decision to enjoin the Governor of Florida from testing all 85,000 covered employees. The district court, confronted with a suspicionless drug testing policy that almost certainly sweeps far too broadly...

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