{"id":6051,"date":"2012-03-08T07:39:51","date_gmt":"2011-09-22T00:13:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-09-21T18:59:42","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6051","title":{"rendered":"Landline: “Court enjoins Minnesota State Patrol from violating truckers\u2019 rights” in “fatigue enforcement program”"},"content":{"rendered":"

From Landline Magazine: Court enjoins Minnesota State Patrol from violating truckers\u2019 rights<\/a> by Jami Jones and Sandi Soendker:<\/p>\n

Truckers\u2019 Constitutional rights came out the big winner in the judge\u2019s final order in the OOIDA lawsuit against the Minnesota State Patrol and its so-called fatigue enforcement program.<\/p>\n

U.S. District Court Judge Donovan W. Frank issued his final order for declaratory relief, injunction and entry of judgment in favor of the Owner-Operator Independent Drivers Association and its member plaintiff Stephen K. House on Wednesday, Sept. 21.<\/p>\n

OOIDA and its member plaintiff Stephen K. House filed the lawsuit against the Minnesota State Patrol and individual officers on May 13, 2009, on behalf of truck drivers placed out of service after members of the patrol consulted a checklist and arrived at the conclusion the drivers were \u201cfatigued.\u201d<\/p>\n

Judge Frank ruled on Jan. 28 in favor of truckers\u2019 Fourth Amendment Rights and ruled that the OOIDA and House were entitled to declaratory and injunctive relief.<\/p>\n

That meant the plaintiffs were entitled to an order of the court instructing the defendants how they must change their practices in the future in order to not repeat their violations of the U.S. Constitution. But instead of immediately issuing such an injunction, the court ordered the parties to enter mediation to try to agree upon the appropriate injunction.<\/p><\/blockquote>\n

Owner-Operator Indep. Driver Ass’n v. Dunaski, 812 F. Supp. 2d 994 (D. Minn. 2011).<\/p>\n","protected":false},"excerpt":{"rendered":"

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