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SABRINA PIKE Plaintiff
vs.
RAY GALLAGHER ROBERT ROHLFS TED DRENNAN MICHAEL HARPSTER WILLIAM REHM JOHN W. HIGGINS IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES BERNALILLO COUNTY SHERIFF'S DEPARTMENT Defendants.
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Issues:
Reasonable suspicion, due process, 4th Amendment, public employee, policy and procedure, evidence.
Case Summary:
Sabrina Pike, a former deputy with the Bernalilo County Sheriff's Department appeals her dismissal. Pike worked as an investigator in the Sheriff's vice squad. An informant told the department that Pike had smoked marijuana. Based on reasonable suspicion, the department ordered Pike to take a drug test. She posted a positive result for cocaine and marijuana. Pike arranged for independent testing and posted a negative result. A department review board terminated Pike. She filed suit, alleging a violation of her due process and Fourth Amendment rights. The department responded with a motion for summary judgment.
Decision of lower jurisdiction:
This is the first judicial review of this case.
Outcome:
Pike wins. The U.S. District Court for the District of New Mexico rejected the department's motion for summary judgment. The court noted that Pike had been denied an opportunity to question the informant.