Rutherford v. Albuquerque, City Of

COFFIN, Senior Circuit Judge.

Appellant Jerry Rutherford was fired from his job with the City of Albuquerque because of a positive drug test. His challenge to the testing on due process and Fourth Amendment grounds was rejected by the district court, which granted summary judgment for the City on both claims. We affirm the court’s ruling on the due process claim, but conclude that the circumstances surrounding Rutherford’s testing constituted an unreasonable search in violation of the Fourth Amendment.

I. Factual Background 2

Rutherford began working for the City of Albuquerque as a bus driver…