Skip navigation

Search

176 results
Page 5 of 9. « Previous | 1 2 3 4 5 6 7 8 9 | Next »

Article • February 15, 2009 • from PLN February, 2009
Denial of Allocution Right on Supervised Release Resentencing Requires Remand by Denial of Allocution Right on Supervised Release Resentencing Requires Remand The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied his right to allocution upon revocation of his supervised release …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Searches, Drug Testing
Washington Court Invalidates Pretrial Substance Abuse Conditions by The Court of Appeals for the State of Washington has held that pretrial conditions for release on personal recognize that require a defendant to undergo an alcohol evaluation, comply with any recommended treatment and attend three weekly self-help meetings were not authorized …
Article • July 15, 2008
Paruresis Requires Medical Verification to Excuse Urinalysis Failure; Agreement Willingly Signed Upheld by New York City Transit Authority (Authority) and Transit Workers Union (TWU) employee Joseph Kwok brought action for U.S. Constitutional violations and racial discrimination after being demoted for urinalysis compliance failure. He allegedly suffered from paruresis (shy bladder …
Article • May 15, 2008
BOP Authority to Revoke Good Time for Pre-Conviction Drug Test Upheld by The plaintiff had a bad urine test after conviction but before sentence on federal charges and lost 27 days good time, to become effective when he was sentenced. At 1157: "Pretrial detainees may not be punished by prison …
Article • January 15, 2008
Right to Know Act Not Need Based, Only Statutory Definitions Required by Pro se Pennsylvania state prisoner Christopher Neyhart appealed the State Department of Corrections' (DOC) refusal to produce for inspection his urinalysis reports to prove his parole revocation was unfounded. The court held that Neyhart did not set forth …
Article • January 15, 2008
Nebraska Prisoner's Transfer to Another Prison Was Lawful by Robert Hunt, a Nebraska state prisoner, is a Seventh Day Adventist. After nearly 20 years at the Nebraska State Penitentiary (NSP), he was transferred to the Tecumseh State Correctional Institute (TSCI) against his will. As a result he lost his job …
Article • January 15, 2008
NM Prisoner Wins $490,000 for Warrantless Blood Draw by Jimmie Marshall was arrested by Hobbs, New Mexico police for driving under the influence. He submitted to a breathalyzer test but was also taken to a hospital where his blood was drawn for drug testing against his will. In 1999 Marshall …
Article • December 15, 2007 • from PLN December, 2007
Eighth Circuit Holds Sweat Patches Generally Reliable by The Eighth Circuit court of appeals held that sweat patches were a sufficiently reliable method of determining drug usage to support federal probation revocation. Mark Lou Meyer, a federal prisoner, appealed an Iowa federal district court?s revocation of his probation. Two conditions …
Article • December 15, 2007
Pregnant Woman’s Ingestion of Cocaine Not Delivery to Her Baby in Texas by Pregnant Woman's Ingestion of Cocaine Not Delivery to Her Baby in Texas by Matthew T. Clarke On February 14, 2007, the Texas Court of Criminal Appeals (CCA) held that a pregnant woman who ingested cocaine did not …
Article • December 15, 2007
Filed under: Searches, Drug Testing
Disciplinary Action Review for Failure to Produce Urine Sample Barred As Untimely by New York State prisoner Joseph Brammer petitioned for review of a 1995 Upstate Correctional Facility (UCF) disciplinary action resulting from his failure to produce a urine sample. The judgment was affirmed for his failure to timely file …
Article • December 15, 2007
Paruresis No Excuse for Failure to Urinate Absent Medical Verification by Oregon State pro se prisoner Richard Sheeny appealed a U.S. District Court grant of summary judgment to prison officials denying his 42 U.S.C. § 1983 action. He alleged constitutional violations when he was disciplined for failure to urinate because …
Paruresis Diagnosis Required for Justification of Urinalysis Noncompliance by 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 …
Article • December 15, 2007
Dismissed Paruresis Action Remanded for Proper Venue by Pro se Tennessee State prisoner Barton Hawkins petitioned for a writ of certiorari to review disciplinary actions taken against him for refusing to comply with a drug screening. He alleged that he suffered from paruresis (shy bladder syndrome) which hindered urine production. …
Article • December 15, 2007
Absent Medical Documentation, Disciplinary Action for Failure to Urinate Stands by 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, …
Article • December 15, 2007
MA Man’s Blood Test from Hospital Admissible in Drunk Driving Trial by MA Man's Blood Test from Hospital Admissible in Drunk Driving Trial Michael Dube, defendant in a Massachusetts state court proceeding for drunk driving, went to the hospital after being in a car wreck. His blood alcohol level was …
False Positive - Phoenix New Times article on retaliation at Sheriff Arpaio's jail by Robert Nelson False Positive Is Joe Arpaio up to his same old dirty tricks? This time, a man's life may be at stake. By Robert Nelson Published: February 19, 2004 Jim Cozzolino wasn't afraid of serving …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Searches, Drug Testing, Parole
Texas Parole Board Revamps Urinalysis Procedures by The Texas Parole Board is replacing its old, error-prone drug testing procedure with a new method it says will reduce mistakes and provide for independent confirmation of positive test results?something that has been unavailable in the past. Some aspects of the testing procedure …
Article • May 15, 2007
New York: Liberty Interest in Work Release by The New York Supreme Court, New York County, held that a prisoner's removal from a work release program without allowing him to participate in the hearing violated due process. While on work release, state prisoner Simon Anderson submitted a urinalysis that allegedly …
Guard's Medical and Drug History Discloseable in Discovery by A Wisconsin federal district court held that a prisoner was entitled to receive in discovery a guard's medical and urine test report. This action was filed by a prisoner at Wisconsin's Green Bay Correctional Institution, alleging guards beat him. The magistrate …
Tennessee: Fine Imposed on Prisoner for Refusing Drug Test Reversed by In this strongly-worded opinion decrying the state attorney general's litigation practices, the Tennessee Court of Appeals held that a prisoner's petition challenging the imposition of a fine for refusing to take a drug test stated a claim. On October …
Page 5 of 9. « Previous | 1 2 3 4 5 6 7 8 9 | Next »