19 SOLID WASTE DEPT. MECHANICS v. ALBUQUERQUE

No. 94-2268.

76 F.3d 1142 (1996)

19 SOLID WASTE DEPARTMENT MECHANICS, Sam Aguilar, Rudy Archuleta, Jr., Edward Baca, Paul Barboa, M.E. Barreras, Gary L. Chavez, Johnny Chavez, Anthony Demello, Michael Gutierrez, Jimmy Herrera, Bill Lipitz, John Lujan, Frank Ortega, Aaron Romero, Donald Scott, Frank Serna, Arturo Torres, Jr., James Vigil, and Rory Wessel, Plaintiffs-Appellees, v. ALBUQUERQUE, CITY OF; Louis E. Saavedra, Mayor, Arthur Blumenfeld, Chief Administrative Officer; Lawrence Rael, Assistant Chief Administrative Officer, and David Campbell, City Attorney and Chairman of the Substance Abuse Task Force, individually and in their official capacities, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 21, 1996.


Attorney(s) appearing for the Case

Victor S. Lopez, Assistant City Attorney, Albuquerque, New Mexico (Robert M. White, City Attorney, and Charles W. Kolberg, Assistant City Attorney, with him on the brief), for Defendants-Appellants.

Paul Livingston, Albuquerque, New Mexico, for Plaintiffs-Appellees.

Before SEYMOUR, COFFIN, and McKAY.


COFFIN, Senior Circuit Judge.

This case involves a challenge by 19 mechanics to the City of Albuquerque's drug testing policy. The district court ruled that the policy violated both the Fourth Amendment and the New Mexico Open Meetings Act, and the City appealed. Since the time of oral argument, however, the parties properly have agreed that, because the district court has not yet addressed the issue of damages, an appeal of the Fourth Amendment ruling is premature...

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