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DIMEO v. GRIFFIN

No. 89-3025.

943 F.2d 679 (1991)

Vincent DIMEO, et al., Plaintiffs-Appellees, v. Farrell J. GRIFFIN, in his official capacity as Chairman of the Illinois Racing Board, and David L. Diana, et al., in their official capacities as members of the Illinois Racing Board, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 4, 1991.

Reargued June 11, 1991.

Decided August 12, 1991.

As Amended September 26, 1991.

Attorney(s) appearing for the Case

Harvey M. Grossman (argued), Alan K. Chen, Roger Baldwin Foundation, Steven R. Gilford, Scott J. Frankel, Mayer, Brown & Platt, Chicago, Ill., for plaintiffs-appellees.

Thomas A. Ioppolo, Asst. Atty. Gen. (argued), Chicago, Ill., for defendants-appellants.

Before BAUER, Chief Judge, and CUMMINGS, WOOD, Jr., CUDAHY, POSNER, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION and KANNE, Circuit Judges.

Reargued En Banc June 11, 1991.

POSNER, Circuit Judge.

The Illinois Racing Board promulgated a rule that requires jockeys and other participants in horse races in Illinois to submit to random drug testing not founded on any suspicion of wrongdoing. A class action on behalf of these participants was brought against the Board, charging that the rule violated their Fourth Amendment right to be free from unreasonable...

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