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Wednesday, March 21, 2007

Ind. Decisions - 7th Circuit decides two Indiana cases, in one it rules the NCAA must comply with a subpoena issued by the US Dept of Education

U.S. Dept. Educ v. Nat'l Collegiate Athletic Ass'n. (SD Ind., John Daniel Tinder, Judge.) - Posner: The University of the District of Columbia self-reported "violations involving its basketball teams in the 2004-2005 season. The exact nature of the violations is unclear, but they seem to have included misuse of federal funds, and the Inspector General of the Department of Education began an investigation of that misuse. In the course of the investigation the Department issued a subpoena to the NCAA for documents that UDC had submitted, or the Association had prepared, in connection with the Association’s investigation of UDC’s self-reported violations. The Association moved to quash the subpoena or in the alternative for the protective order described below. The district court denied the motion; the Association appeals only from the denial of the protective order. * * *

In this case, in any event, the burden of compliance with the subpoena, even without a protective order to cushion the effect of compliance, is speculative and is outweighed by the investigatory needs of the Department of Education.

Krieg, Robert A. v. Seybold, Wayne (ND Ind., William C. Lee, Judge) - Judge Flaum: "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 court granted summary judgment to the City, and Krieg appeals. For the following reasons, we affirm the district court’s judgment."

Posted by Marcia Oddi on March 21, 2007 12:54 PM
Posted to Ind. (7th Cir.) Decisions