This case presents important constitutional questions concerning whether weekly government mandated medical testing of public workers violates the workers' right to be free from unreasonable search and seizure and whether the right to be free of such searches is clearly established. In addition, it presents a recurring legal question that is the subject of a circuit split, specifically whether, when a defendant raises a defense of qualified immunity, the burden to show that a right was clearly established is born by the party asserting the defense or the party opposing it.

Whether government-mandated COVID-19 medical testing of public workers constitutes an unreasonable search under the Fourth Amendment and whether qualified immunity shields government officials from such constitutional claims