19 SOLID WASTE DEPT. MECH. v. CITY OF ALBUQUERQUE

No. 96-2177.

156 F.3d 1068 (1998)

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. CITY OF ALBUQUERQUE; Louis E. Saavedra, Mayor, individually and in his official capacity; Arthur Blumenfeld, Ph.D., Chief Administrative Officer, individually and in his official capacity; Lawrence Rael, Assistant Chief Administrative Officer, individually and in his official capacity; David Campbell, City Attorney and Chairman of the Substance Abuse Task Force, individually and in his official capacity, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 22, 1998.


Attorney(s) appearing for the Case

Charles W. Kolberg, Assistant City Attorney, City of Albuquerque, Albuquerque, NM, appearing for Defendants-Appellants.

Paul S. Livingston, Albuquerque, NM, appearing for Plaintiffs-Appellees.

Before TACHA, BRORBY, and BRISCOE, Circuit Judges.


TACHA, Circuit Judge.

Plaintiffs are nineteen Solid Waste Department mechanics who originally filed suit in 1993 to challenge the constitutionality of the drug- and alcohol-testing policy of the City of Albuquerque as it was applied to them. The mechanics challenged the policy on several grounds. Germane to this appeal is the mechanics' assertion that the policy violated their right to be free from unreasonable searches as guaranteed by the Fourth Amendment.

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