UNITED TEACHERS v. SCHOOL BD. THROUGH HOLMES

No. 97-30885.

142 F.3d 853 (1998)

UNITED TEACHERS OF NEW ORLEANS; Jefferson Federation of Teachers; Portia Elly; Melanie C. Jones; Frank Beckendorf; Gail Thompson; Louis Thompson; Marilyn Horton, Plaintiffs-Appellants, v. ORLEANS PARISH SCHOOL BOARD, Through; Morris HOLMES, Superintendent in his official capacity, and the individual Orleans Parish School sued in their official capacity named as follows:; Maudelle D. Cade; Gail Glapion; Scott T. Shea; J. Behrenger Brechtel; Carolyn G. Ford; Bill Bowers; Cheryl Q. Cramer; Jefferson Parish School Board, through; Elton Lagasse, in his official capacity as the Superintendent and the individual members of the Jefferson Parish School Board sued in their official capacity named as follows:; Robert Wolfe; Barry Bordelon; O. H. Guidry; Laurie Rolling; Cedric Floyd; Martin Marino; Libby Moran; Polly Thomas; Dr. Gene Katsanis, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 29, 1998.


Attorney(s) appearing for the Case

William E. Rittenberg, Charles M. Samuel, III, Jay Alan Ginsberg, Diane R. Lundeen, Rittenberg & Samuel, New Orleans, LA, for Plaintiffs-Appellants.

Larry Charles Becnel, Robert M. Rosenberg, Polack, Rosenberg, Endom & Riess, New Orleans, LA, for Defendants-Appellees, Orleans Parish Sch. Bd., Holmes, Glapion, Shea, Brechtel, Ford, Bowers, Cram and Cade.

Michael G. Fanning, Grant & Barrow, Gretna, LA, for Defendants-Appellees, Jefferson Parish Sch. Bd., Lagasse, Wolfe, Bordelon, Guidry, Rolling, Floyd, Marino, Moran, Thomas and Katsanis.

Before WISDOM, HIGGINBOTHAM and JONES, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Teachers and other employees attack drug testing rules of two Louisiana school boards as contrary to the Fourth Amendment of the United States Constitution and Article I, Section V, of the Louisiana Constitution. The rules of the two parish boards requiring employees injured in the course of employment to submit a urine specimen are claimed to be both unreasonable searches and contrary to Louisiana Revised Statute 23:1121, which...

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