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AHART v. DEPARTMENT OF CORRECTIONS

No. 95CA1928.

943 P.2d 7 (1996)

Charles E. AHART and Gavin McWhirter, Complainants-Appellees, and State Personnel Board, Appellee, v. DEPARTMENT OF CORRECTIONS, Division of Adult Services, Buena Vista Correctional Facility, Respondent-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 3, 1996.

Certiorari Granted August 18, 1997.

Attorney(s) appearing for the Case

Carol M. Iten, Denver, for Complainants-Appellees.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, G. Charles Robertson, Assistant Attorney General, Denver, for Appellee.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, David A. Beckett, Assistant Attorney General, Denver, for Respondent-Appellant.

Opinion by Judge NEY.

Respondent, Department of Corrections (DOC), appeals the order of the State Personnel Board (Board) reinstating complainants, Charles E. Ahart and Gavin McWhirter, as corrections officers at DOC's Buena Vista Correctional Facility (BVCF). We conclude that the Board erred in suppressing evidence of the results of urinalysis testing, as well as evidence resulting therefrom, which revealed complainants' use of illegal drugs and formed the basis...

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