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Paruresis Diagnosis Required for Justification of Urinalysis Noncompliance

New York State pro se prisoner Victor Cruz appealed, by way of CPLR article 78, disciplinary findings and actions taken against him for failure to provide a urine sample. Cruz claimed that paruresis (shy bladder syndrome) prevented his compliance. The findings and actions were upheld for lack of medical verification.

Cruz was institutionally convicted of violating urinalysis testing procedures after his failure to produce a sample. After a three hour allotment for the sample's production he was given a misbehavior report. He initially claimed that an anti inflammatory drug, Indocin, was to blame for his involuntary non production. He later admitted that he urinated several times that day and inferred that paruresis was responsible for the failure to comply.

The third Division Appellate Department for the Supreme Court of New York held that the disciplinary determinations were appropriate because his paruresis claim lacked medical verification. See: Cruz v. Goord, 754 N.Y.S.2d 597, 302 A.D.2d 816 (N.Y. App. 2003).

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Related legal case

Cruz v. Goord