Skip navigation
× You have 2 more free articles available this month. Subscribe today.

Absent Medical Documentation, Disciplinary Action for Failure to Urinate Stands

New York State Prisoner Leslie Becker petitioned for review of a 2001 Department of Correctional Services disciplinary action resulting from his inability to produce a urine sample. The judgment was affirmed.
When Becker could not provide a urine sample, he was charged with refusing a direct order and failure to adhere to urinalysis testing procedures. His administrative appeal failed and he filed a CPLR article 78 proceeding claiming that he had shy bladder syndrome (paruresis) and that the misbehavior report he received was in retaliation for his filing a grievance.

The Third Department Appellate Division for the Supreme Court of New York held that Becker's guilt was apparent from the report that was filed and from his admission. The court found no medical documentation to prove his paruresis allegations and ruled that his further claims were not preserved for review. See: Becker v. Goord, 787 N.Y.S.2d 441, 13 A.D.3d 947 (N.Y. App. 2004).

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

Related legal case

Becker v. Goord