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RUTHERFORD v. ALBUQUERQUE, CITY OF

No. 95-2003.

77 F.3d 1258 (1996)

Jerry RUTHERFORD, Plaintiff-Appellant, v. ALBUQUERQUE, CITY OF; Louis E. Saavedra, Mayor, Arthur Blumenfeld, Chief Administrative Officer; Jack Burkhard, Julie Garcia, Myra Gutierrez, Maryanne Oller, individually and in their official capacities; Albuquerque Parking/Transit Department; City of Albuquerque Employee Health Center, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 23, 1996.

Attorney(s) appearing for the Case

Paul Livingston, Albuquerque, New Mexico, for Plaintiff-Appellant.

Victor S. Lopez, Assistant City Attorney, Albuquerque, New Mexico (Robert M. White, City Attorney, and Judy K. Kelley, Assistant City Attorney, on the brief), for Defendants-Appellees.

Before SEYMOUR, COFFIN, and McKAY, JJ.

COFFIN, Senior Circuit Judge.

Appellant Jerry Rutherford was fired from his job with the City of Albuquerque because of a positive drug test. His challenge to the testing on due process and Fourth Amendment grounds was rejected by the district court, which granted summary judgment for the City on both claims. We affirm the court's ruling on the due process claim, but conclude that the circumstances surrounding Rutherford's testing constituted an unreasonable search...

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