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LANIER v. CITY OF WOODBURN

No. 06-35262.

518 F.3d 1147 (2008)

Janet Lynn LANIER, Plaintiff-Appellee, v. CITY OF WOODBURN, Defendant-Appellant, and Linda Sprauer, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2008.

Attorney(s) appearing for the Case

Marjorie A. Speirs and Janet M. Schroer, Hoffman, Hart & Wagner, LLP, Portland, OR, for the defendant-appellant.

Steven M. Wilker and Paul W. Conable, Tonkon Torp, LLP, Portland, OR, for the plaintiff-appellee.

Before: PAMELA ANN RYMER and RICHARD A. PAEZ, Circuit Judges, and CORMAC J. CARNEY, District Judge.

RYMER, Circuit Judge:

This appeal requires us to decide whether the City of Woodburn's policy requiring candidates of choice for city positions to pass a pre-employment drug test as a condition of the job offer is constitutional, facially or as applied to Janet Lynn Lanier, the preferred applicant for a part-time position as a page at the Woodburn Library. The district court held that it was not. We agree that Woodburn's policy is unconstitutional as applied because...

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