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PETE BENAVIDEZ, Plaintiff - Appellant
vs.
ALBUQUERQUE CITY OF; LAWRENCE RAEL, Chief Administrative Officer in his official capacity, Defendants Appellees; ROBERT H. SMITH JR., Plaintiff - Appellant v. ALBUQUERQUE CITY OF; LAWRENCE RAEL, Chief Administrative Officer in his official capacity, Defendants - Appellees.
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Issues:
Reasonable suspicion, cocaine, policy and procedure, public employee, due process, Fourth Amendment.
Case Summary:
Two former employees of the City of Albuquerque's public works department appeal a lower court's ruling concerning their civil rights complaint against the city. Peter Benavidez and Robert H. Smith, Jr., were dismissed from their jobs with the city after an incident involving the city's police. The pair visited a co-workers house while on-duty and walked into a police drug raid of the co-worker's residence. Police observed Smith drinking a beer in a city vehicle. During subsequent questioning, Smith admitting to drinking while on duty and Benavidez admitted he was at the co-workers house to "score" some drugs. City officials ordered reasonable-suspicion drug tests for both. Smith tested positive for cocaine. Benavidez posted a negative result. The two employees were terminated following a hearing. The pair subsequently filed suit against the city, alleging violations of their civil rights. The city responded with a motion for summary judgment.
Decision of lower jurisdiction:
A U.S. District Court for the Tenth District granted the city's motion for summary judgment and dismissed the case. The two employees now appeal.
Outcome:
The employees lose. The United States Court of Appeals for the Tenth Circuit affirmed the ruling of the lower jurisdiction. The court ruled the city had provided the two employees with due process prior to dismissing them.