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GLOVER v. EASTERN NEBRASKA COMMUNITY OFFICE OF RETARDATION

No. 88-1678.

867 F.2d 461 (1989)

Patricia Ann GLOVER; Michael R. Macrander; Susan I. Davidson; Mary St. George; Rebecca A. Demuth; Timothy Sikora; Daphne Holmes; Shawne A. Kinsman; Daniel B. Champ, on behalf of themselves and all other persons similarly situated, Appellees, v. EASTERN NEBRASKA COMMUNITY OFFICE OF RETARDATION; Eastern Nebraska Human Services Agency; Michael Albert; Donald Claasen; Ronald Hineline; Ray Lind; Rogers Hilton, in their capacities as members of the Governing Board of the Eastern Nebraska Human Services Agency; Ray Christianson; Donald Moray, Appellants, The American Public Health Association, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided February 6, 1989.

Attorney(s) appearing for the Case

Bruce G. Mason, Omaha, Neb., for appellants.

Patrick W. Kennison, Omaha, Neb., for appellees.

Before HEANEY and FAGG, Circuit Judges, and HANSON, Senior District Judge.

FAGG, Circuit Judge.

This case concerns the validity of a Nebraska administrative agency's personnel policy requiring certain employees to submit to blood testing for the viruses associated with acquired immune deficiency syndrome (AIDS) and hepatitis B. In this class action brought by affected employees, the district court held the policy violated the employees' fourth amendment rights against unreasonable searches and seizures. Glover v. Eastern Neb. Community...

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