LEBRON v. SECRETARY, FLORIDA DEPT. OF CHILDREN

No. 11-15258.

710 F.3d 1202 (2013)

Luis W. LEBRON, Individually and as Class Representative, Plaintiff-Appellee, v. SECRETARY, FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 26, 2013.


Attorney(s) appearing for the Case

Randall Challen Berg, Jr. , Joshua Aaron Glickman , Shawn Alex Heller , Florida Justice Institute, Inc., Maria Kayanan , Shalini Goel Agarwal , Randall C. Marshall , ACLU Foundation of Florida, Inc., Miami, FL, for Plaintiff-Appellee.

Jesse Panuccio , Florida Dept. of Economic Opportunity, Marion Drew Parker , Florida Dept. of Children & Families, Lisa Marie Raleigh , Jason Vail, Atty. Gen.'s Office, Tallahassee, FL, for Defendant-Appellant.

Andrew Lynn Brasher , Atty. Gen.'s Office, Montgomery, AL, Edith E. Sheeks , Advocacy Center for Persons With Disabilities, Inc., Tallahassee, FL, Richard B. Rosenthal , The Law Offices of Richard B. Rosenthal, PA, Miami, FL, Robert Craig Buschel , Buschel Gibbons Daragjati, PL, Fort Lauderdale, FL, David T. Goldberg , Donahue Goldberg, LLP, New York City, for State of Alabama, State of Kansas, State of Michigan, State of Oklahoma, Disability Rights Florida, Center for Law and Social Policy et al., Florida's Children First, Inc., American Academy of Addiction Psychiatry, National Advocates for Pregnant Women, Amici Curiae.

Before BARKETT and JORDAN, Circuit Judges, and HALL, District Judge.


BARKETT, Circuit Judge:

The Secretary of the Florida Department of Children and Families ("State") appeals from the district court's order enjoining the State of Florida from requiring Luis W. Lebron to submit to a suspicionless drug test pursuant to Section 414.0652 of the Florida Statutes, as a condition for receipt of government-provided monetary assistance for which he was otherwise qualified.

Lebron is an honorably...

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