Krieg, Robert A. v. Seybold, Wayne

FLAUM, Circuit Judge.

On October 28, 2004, Jack Antrobus, the Superintendent of Marion, Indiana’s Streets and Public Works Department administered a random drug test to all employees in the Streets and Sanitation Department. Robert Krieg, a Streets and Sanitation Department employee, refused to be tested, and Antrobus ordered him to leave the building. On November 15, 2004, the City’s Board of Public Works voted to terminate Krieg’s employment. Krieg filed suit arguing that the drug test violated his Fourth Amendment rights and that the City terminated him without due process. The district…