Brandon Kittle-Aikeley v. Donald Claycomb

I would affirm the district court’s order granting the Appellees (hereinafter “students”) a permanent injunction from Appellants’ (hereinafter “Linn State”) suspi-cionless drug-testing policy for all but five of Linn State’s academic programs because the district court’s program-by-program analysis is correct and Linn State failed to present sufficient evidence demonstrating a special need for drug testing. Based on the evidence presented, the district court did not abuse its discretion. I therefore respectfully dissent.

I

The district court did not abuse its discretion by conducting a…