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BENAVIDEZ v. CITY OF ALBUQUERQUE

Nos. 95-2117, 95-2118.

101 F.3d 620 (1996)

Pete BENAVIDEZ, Plaintiff-Appellant, v. ALBUQUERQUE, CITY OF; Lawrence Rael, Chief Administrative Officer, in his official capacity, Defendants-Appellees; Robert H. SMITH, Jr., Plaintiff-Appellant, v. ALBUQUERQUE, CITY OF; Lawrence Rael, Chief Administrative Officer, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 14, 1996.

Attorney(s) appearing for the Case

Paul S. Livingston, Albuquerque, NM, for Plaintiffs-Appellants.

Charles W. Kolberg, Assistant City Attorney, Albuquerque, NM, for Defendants-Appellees.

Before KELLY, BRISCOE and LUCERO, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Plaintiffs-Appellants Pete Benavidez and Robert H. Smith, Jr., appeal from the grant of summary judgment in favor of Defendants-Appellees, the City of Albuquerque and its chief administrative officer, on their civil rights claim under 42 U.S.C. § 1983. Plaintiffs were City of Albuquerque employees. They claim they were unreasonably subjected to urinalysis drug testing in violation of the Fourth Amendment, and that the City's pre...

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