United States Eighth Circuit

In an action challenging the termination of plaintiff's employment at a Nebraska correctional facility because he refused to allow a random, suspicionless search of his vehicle, summary judgment for defendants is affirmed in part where, even assuming that employees parking in the lot at issue were similarly situated to visitors parking there, differential treatment of the two groups was rationally related to a legitimate state interest. However, the judgment is reversed in part where there was a dispute as to the circumstances of inmate access to vehicles in the lot at issue -- facts material to the reasonableness of the search at its inception.

Appellate Information

• Decided 07/09/2010
• Published 07/09/2010

Judges

• Duane M. Benton

Court

• United States Eighth Circuit

Counsel