SIGMON v. COMMUNITYCARE HMO, INC.

No. 99-5196.

234 F.3d 1121 (2000)

Don SIGMON, Plaintiff-Appellant, v. COMMUNITYCARE HMO, INC., an Oklahoma Corporation, doing business as Community Care Behavioral Health Services EAP; Mitchell Godi, an Individual, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 11, 2000.


Attorney(s) appearing for the Case

Steven R. Hickman, Frasier, Frasier & Hickman, Tulsa, Oklahoma for Plaintiff-Appellant.

Jon E. Brightmire, (S. Douglas Dodd with him on the brief), Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, Oklahoma for Defendant-Appellees.

Before BALDOCK, EBEL, and MURPHY, Circuit Judges.


EBEL, Circuit Judge.

Don Sigmon ("Sigmon") is an employee of the city of Tulsa, Oklahoma ("Tulsa" or "the City"). In June 1997, Sigmon was randomly selected to undergo testing for the presence of alcohol and narcotics in his bloodstream pursuant to a drug testing policy covering certain of Tulsa's employees. He tested positive for marijuana, and Tulsa conditioned his continued employment upon his completion of a substance abuse program recommended by CommunityCare...

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