United States Sixth Circuit

The district court erred in issuing a preliminary injunction where it held that only a public safety concern can qualify as a "special need" that may justify suspicionless drug testing of persons eligible for or receiving welfare assistance.

Appellate Information

• Decided 10/18/2002
• Published 10/18/2002

Judges

• Before SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Morris J. Klau (argued and briefed), Office of the Attorney General, Detroit, MI, for Appellant., Paul D. Kamenar (briefed), Washington Legal Foundation, Washington, DC, for Amicus Curiae., Daniel N. Abrahamson, The Lindesmith Center, Office of Legal Affairs, Oakland, CA, for Amicus Curiae American Public Health Association.


• For Appellees:
  
• Robert A. Sedler (argued and briefed), Detroit, MI, Graham A. Boyd (briefed), ACLU Drug Policy Litigation Project, New Haven, CT, for Appellees.