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Washington Settles Shy Bladder Suit For $2,500

On March 8, 2006, the State of Washington paid $2,500 to settle with a former state prisoner who sued two state employees in their individual capacities for violating his federal civil rights and the Washington Department of Corrections for failing to make adequate accommodations for his Shy Bladder Syndrome when providing urine samples for drug testing.

In October 2002 Plaintiff Alvin Gilcrist filed suit against prison psychologist Paul Daley, the DOC, and the Indeterminate Sentence Review Board (ISRB). The ISRB had requested that Daley perform a psychological evaluation of Gilcrist to aid them in making a parole determination. Gilcrist claimed in the lawsuit that Daley’s evaluation unconstitutionally focused on his litigiousness. A judge in that case issued a temporary restrain¬ing order preventing the IRSB from reading Daley’s evaluation. Prison psychologists were also barred from reading it.

Gilcrist claimed that two prison psychologists read Dailey’s evaluation despite the court order. Gilcrist further claimed the psychologists revoked his Health Status Report (HSR) for Shy Bladder Syndrome in retaliation for filing the lawsuit.

Because the Shy Bladder Syndrome prevented Gilcrist from providing a urine sample under normal drug testing procedures, the HSR provided for modesty when providing urine samples. Without the HSR in place Gilcrist was ordered to provide a urine sample and could not, receiving a disciplinary charge. The disciplinary case was eventually overturned but Gilcrist claimed the stress caused him to become ill, lose sleep, have headaches, break out in a rash, and have pain in his stomach.

The case settled for $2,500 after Gilcrist was released from prison. Gilcrist filed the lawsuit pro se in the U.S. District Court for the Western District of Washington. See: Gilcrist v. Burdge, USDC WD WA, Case No. CV5-1638,

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Related legal case

Gilcrist v. Burdge