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Brief • March 5, 2012
State of Maryland v. Brightful et al, MD, Order, Drug Recognition Expert Protocol, 2012 03/05/2012 13:30 From: .A :"~_ #210 P,002/038 I! I Ii ii IN THE CIRCUIT COURT FOR CARROLL COUNTY II Ii 1j ii' I, "" Ii Ii 11 STATE OF MARYLAND v, IIII II II I' I …
Article • November 15, 2011
Appeals Court Upholds $250,000 Damage Award in Federal Worker's Civil Rights Case, Expert Testimony Not Required to Corroborate Claim of Emotional Distress by The Third Circuit U.S. Court of Appeals has upheld the award of $250,001 to Russell Bolden, who was discharged from his position at Southeastern Pennsylvania Transportation Authority, …
Article • November 15, 2011
Washington Settles Shy Bladder Suit For $2,500 by 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 …
Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP by In an unusual case, Nicole Michelle Defontes is seeking nearly $280,000 in “attorney’s fees, expert fees, and costs to challenge the Bureau of Prisons’ (BOP) violations of its own rules and regulations,” according to a motion filed in …
Article • April 15, 2011
NYPD Cops Can Be Subjected to Drug Testing Without Collective Bargaining by The Police Commissioner of New York City may require NYPD officers to submit to drug testing of their hair without undergoing collective bargaining, New York’s highest court decided December 17, 2009. The officers’ union had argued that the …
Article • April 15, 2011 • from PLN April, 2011
Twelve Indiana Prison Employees Suspended for Positive Drug Tests, Contraband by Matthew Clarke by Matt Clarke In September 2010, Indiana Department of Corrections (DOC) officials announced the suspension of a dozen employees at the Pendleton Correctional Facility following a crackdown on contraband smuggling. [See: PLN, Oct. 2010, p.50]. Pendleton houses …
Article • April 15, 2011
Nebraska Prison Employee’s Termination for Failed Urinalysis Reversed by The Nebraska Supreme Court affirmed a district court’s holding that the Nebraska Department of Correctional Services (NDCS) violated a labor agreement when it fired a prison employee for failing a drug test. NDCS contended in its appeal that the district court …
Article • March 15, 2011 • from PLN March, 2011
Filed under: Searches, Drug Testing
North Carolina Prisoner Prevails in Claim Related to Paruresis, AKA “Shy Bladder” by The North Carolina Department of Correction (NDOC) has agreed to settle a prisoner’s lawsuit that accused NDOC officials and guards of exhibiting deliberate indifference to his medical diagnosis of “paruresis.” The settlement includes a monetary payment, attorney …
Houston Police Department Conducted Blood Draw Training on Prisoners by Greg Dober In 2009, to expedite DWI arrests, the Houston Police Department sent seven officers to Lone Star College to be trained as certified phlebotomists. A phlebotomist is a qualified medical technician who draws a person’s blood. During the course …
Article • June 15, 2010 • from PLN June, 2010
Sixth Circuit: Shy Bladder Suit Returned to District Court by The U.S. Court of Appeals for the Sixth Circuit affirmed in part and reversed in part the dismissal of a prisoner’s lawsuit alleging violations under 42 U.S.C. § 1983 and the Americans with Disabilities Act (ADA). Danny Ray Meeks, a …
Judge Slams Bureau for Inmate's Solitary Lockup, Daily Business Review, 2010 JUSTICE WATCH John Pacenti JUDGE SLAMS BUREAU FOR INMATE'S SOLITARY LOCKUP N icole Defontes pulled her life back together in dramatic fashion after serving 41/2 years in federal prison for participating in a cocaine deal with her then-boyfriend. But …
Article • January 15, 2010 • from PLN January, 2010
Filed under: Drug Testing, Sentencing, Bail
Washington Pretrial Release UAs Invalidated by In three consolidated criminal cases, the Court of Appeals for Washington state held that a standard pretrial release condition requiring weekly urinalysis (UA) tests was inappropriate. Washington residents Amber Dee Rose, Danielle Wilson and Kevin Wentz were charged with criminal offenses. The state recommended …
$16.5 Million-Plus Settlement in Oklahoma City False Conviction Case by Matthew Clarke by Matt Clarke On June 8, 2009, a federal district judge in Oklahoma City signed a judgment following the settlement of a suit awarding a man who spent 17 years in prison for a rape he did not …
Article • October 15, 2009 • from PLN October, 2009
Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process by Brandon Sample The U.S. Court of Appeals for the Ninth Circuit held it was a violation of due process for a district court to deny a criminal defendant the right to cross-examine a lab technician who tested …
Article • October 15, 2009
North Carolina: Positive Urinalysis Alone Doesn’t Sustain Marijuana Possession Charge by In a case of first impression, the North Carolina Supreme Court held on June 28, 2007, that a positive urinalysis alone was insufficient to uphold a probationer’s conviction for possession of marijuana. On August 21, 2004, defendant Darian Jaquan …
Article • September 15, 2009
Forced Catheterization to Perform Drug Test Constitutional by On May 15, 2008, the Eighth Circuit U.S. Court of Appeals affirmed a lower court's grant of summary judgment to the defendants in a § 1983 action filed by 68-year-old Missouri prisoner Joel LeVine. LeVine alleged that the defendants, a guard and …
Ion Spectrometry Suit Survives Initial Screening by A lawsuit challenging the Bureau of Prisons’ (BOP) use of ion spectrometry equipment has survived screening under 28 U.S.C. §1915A. Chris Dehmer, a federal prisoner, sued the BOP after he was denied visitation after one of his visitors tested positive for drugs on …
Testimonial Hearsay Ruled Admissible in Florida Probation Revocation Hearings by The Supreme Court of Florida has held that testimonial hearsay is admissible in probation revocation hearings. In July 2003, Robert Sheldon Peters had his community control revoked, received a suspended 24 month prison sentence, and was placed on drug offender …
Article • February 15, 2009 • from PLN February, 2009
BOP Suspends Use of Ion Spectrometry Drug Detection Devices by Brandon Sample On April 10, 2008, the federal Bureau of Prisons (BOP) discontinued the use of all ion spectrometry drug detection machines, more commonly known as ion scanners. According to a memo from BOP assistant director Joyce K. Conley, “the …
Alaskan Prisoner in Arizona Can Enforce CCA Contract by The Supreme Court of Alaska held that state prisoners incarcerated at a private prison in Arizona can enforce portions of the contract between the Alaska Department of Corrections (DOC) and Corrections Corporation of America (CCA) that incorporate provisions of Smith v. …
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