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LYNCH v. CITY OF NEW YORK

Docket No. 08-5250-cv.

589 F.3d 94 (2009)

Patrick J. LYNCH, as President of the Patrolmen's Benevolent Association of the City of New York, Inc., Patrolmen's Benevolent Association of the City of New York, Inc., Plaintiffs-Appellants, v. The CITY OF NEW YORK, New York City Police Department, Police Commissioner Raymond W. Kelly, of the New York City Police Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 11, 2009.

Attorney(s) appearing for the Case

Thomas P. Puccio (Michael T. Murray, on the brief), New York, NY, for plaintiffs-appellants.

Jane L. Gordon (Michael A. Cardozo, Corporation Counsel of the City of New York, and Edward F.X. Hart and Alan M. Schlesinger, of Counsel, on the brief), New York, NY, for defendants-appellees.

Before: KEARSE, CABRANES, and STRAUB, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Plaintiffs-appellants are union representatives of police officers employed by the New York City Police Department ("NYPD" or "Department"). They brought this action in the United States District Court for the Southern District of New York (George B. Daniels, Judge) challenging the constitutionality of an NYPD policy that requires that a breathalyzer test—which measures the amount of alcohol in the bloodstream—...

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