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FRATERNAL ORDER OF POLICE LODGE NO. 5 v. TUCKER

No. 88-1467.

868 F.2d 74 (1989)

FRATERNAL ORDER OF POLICE, LODGE NO. 5, Reginald Adams, Willie Carroll, Bennie Noble, and George Smith, Appellants, v. Kevin M. TUCKER, individually and in his capacity as Police Commissioner, City of Philadelphia, and the City of Philadelphia.

United States Court of Appeals, Third Circuit.

Decided February 17, 1989.

Attorney(s) appearing for the Case

Anthony J. Molloy, Jr. (argued), Robert B. Mozenter, Jane R. Goldberg, Mozenter, Molloy & Durst, Philadelphia, Pa., for appellants.

Steven K. Ludwig (argued), Divisional Deputy City Sol., and Susan Shinkman, Asst. City Sol., Philadelphia, Pa., for Appellees.

Before STAPLETON, SCIRICA and COWEN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This case arises from the City of Philadelphia Police Commissioner's decision to suspend with intent to dismiss four city police officers after they refused an order to submit to urinalysis. The officers sued the City and the Commissioner, alleging that the defendants violated their right to procedural due process under the fourteenth amendment, as well as their right under the fourth amendment to be free from...

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