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PETERSEN v. CITY OF MESA

No. 1 CA-CV 02-0016.

63 P.3d 309 (2003)

204 Ariz. 278

Craig W. PETERSEN, Plaintiff-Appellee, v. CITY OF MESA, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department B.

February 25, 2003.

Attorney(s) appearing for the Case

Skousen, Skousen, Gulbrandson & Patience, P.C. By David L. Abney, Mesa, Attorney for Plaintiff-Appellee.

City of Mesa Attorney's Office By Rosemary H. Rosales, Catherine M. Bowman, Mesa, Attorneys for Defendant-Appellant.

OPINION

VOSS, Judge.

¶ 1 Craig W. Petersen, a firefighter for the City of Mesa, challenged the constitutionality of the random testing component of the City's proposed Substance Abuse Program Alcohol and Controlled Substance Testing Policy and Procedures (Policy). In awarding summary judgment to Petersen and permanently enjoining the City from implementing the random, suspicionless aspect of the Policy, the trial court relied on Article 2, Section 8...

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