DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091788P.pdf 07/09/2010 Brian True v. State of Nebraska
U.S. Court of Appeals Case No: 09-1788
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Benton, Author, with Loken, Chief Judge, and
Gruender, Circuit Judge]
Civil case - civil rights. True, who was fired for refusing to submit to a
random, warrantless search of his vehicle as part of his employment at the
Lincoln Correctional Center, had standing to assert a Fourth Amendment
claim even though no search took place; True did not consent to a search;
True, as a corrections officer had a diminished expectation of privacy in
his vehicle when it was on the facility's parking lot; balancing privacy
interests and the interests of the facility in preventing prisoners from
obtaining contraband, it was reasonable under all of the circumstances to
search, by a systematic random selection employee vehicles in prison
parking lots to which inmates had unsupervised access; however it is not
clear from the record whether inmates had unsupervised access to the lot
in question, and the district court erred in granting the defendants' motion
for summary judgment; policy of random, suspicionless searches of
employee vehicles without subjecting visitors' vehicles to the same type
of searches did not deny True equal protection.