19 Solid Waste Department Mechanics v. City of Albuquerque

COFFIN, Senior Circuit Judge.

This case involves a challenge by 19 mechanics to the City of Albuquerque’s drug testing policy. The district court ruled that the policy violated both the Fourth Amendment and the New Mexico Open Meetings Act, and the City appealed. Since the time of oral argument, however, the parties properly have agreed that, because the district court has not yet addressed the issue of damages, an appeal of the Fourth Amendment ruling is premature. See Liberty Mutual Ins. Co. v. Wetzel, 424 U.S. 737, 744, 96 S.Ct. 1202, 1206-07, 47 L.Ed.2d 435 (1976); Horn v. Transcon Lines,…