United States Ninth Circuit

In a challenge to the constitutionality of a city's policy requiring candidates of choice for city positions to pass a pre-employment drug test as a condition of a job offer, a declaratory judgment finding the policy unconstitutional is affirmed, vacated, and reversed in part where: 1) the policy was unconstitutional as applied to plaintiff, the preferred applicant for a part-time position as a page at a city library, because the city failed to demonstrate a special need to screen a prospective page for drugs; but 2) as plaintiff failed to show that the policy could never be constitutionally applied to any city position, the judgment was erroneous to the extent it implied the policy was facially unconstitutional.

Appellate Information

• Argued 02/06/2008
• Decided 03/13/2008
• Published 03/13/2008

Judges

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

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• 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.