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Ionscan Test Reasonable Cause to Require Urinalysis Test by Florida's Fourth District Court of Appeals held that reasonable suspicion of use of drugs existed to require a Florida Department of Corrections (FDOC) guard to submit to a urinalysis test. This action is an appeal of a final order of the …
Article • May 15, 2007
Filed under: Searches, Drug Testing, Parole
Federal Probation Officers Can't Order Probationers to Drug Treatment by Manuel Carrera, a federal prisoner in Puerto Rico, was sentenced to five years' supervised release after completing a 78-month prison sentence for drug sales. As a condition of his release, the district court directed Carrera's probation officer to set up …
Article • May 15, 2007
Filed under: Medical, OB/GYN, Drug Testing
Supreme Court Bans Drug Testing of Pregnant Women by At 1288: "The reasonable expectation of privacy enjoyed by the typical patient undergoing diagnostic tests in a hospital is that the results of those tests will not be shared with nonmedical personnel without her consent." See: Ferguson v. City of Charleston, …
Suit Over Virginia DOC Drug Testing Practices Dismissed by The plaintiffs alleged that Virginia accepted money under the Violent Offenders Incarceration and Truth-in-Sentencing Incentive Grants program, which require it to implement a program of controlled substance testing for drug use, which must be consistent with the Attorney General's guidelines. The …
Article • May 15, 2007
No Police or Hospital Liability for Catheterizing Motorist for Drug Test by The plaintiff ran out of gas and was walking down the road, without a coat in January. Sheriff's deputies concluded he was "bonkers" and "totally out of it," so they took him into custody, handcuffing him though they …
Loss of Sentence Reduction for Positive Drug Test Upheld by The petitioner was prescribed an opiate for medical reasons and the next day tested positive for cocaine metabolites. The plaintiff was not denied due process by the failure to call the doctor who prescribed the opiate as a witness at …
Catheterizing Motorist for Urine Sample Suit Dismissed by The plaintiff alleged that he ran out of gas and Sheriff's deputies took him to a hospital and requested he submit to a urine analysis; when he could not urinate with a room full of people watching him, the deputies tackled him …
Sixth Circuit Orders Reconsideration of Attorney Fees Claim in Drug Testing Case by The U.S. Sixth Circuit Court of Appeals held that use of the enzyme multiplied immunoassay technique (EMIT) urine test for detecting prisoners' consumption of illegal drugs did not violate due process and did not violate terms of …
Article • May 15, 2007
Filed under: Searches, Drug Testing
Single EMIT Test Result Enough To Convict WA Prisoners by The Washington state supreme court held that a single positive EMIT test for drug use constituted sufficient basis to convict and punish Washington state prisoners for drug use. The court also held that Washington prisoners have a constitutionally protected liberty …
Article • May 15, 2007
Qualified Immunity for Urine Samples in Presence of Parole Officer by The court of appeals for the Eighth circuit held that a Nebraska parole officer was entitled to qualified immunity from a parolee's lawsuit that he was required to provide urine samples for drug testing in the officer's presence. The …
Article • May 15, 2007
Washington Appeals Court Affirms Right to Witnesses in Pee Shy Disciplinary Case by Washington Appeals Court Affirms Right to Witnesses in Pee Shy Disciplinary Case The Washington Court of Appeals held that a prisoner has the right to call witnesses at a prison disciplinary hearing to over the presumption that …
Article • May 15, 2007
Georgia Jury Awards $15,000 for Illegal Strip Search by Marilyn Snyder was pulled over in Georgia's Habersham County for suspected driving while under the influence. After she failed a roadside breath test, she was taken to the county jail where she was strip- searched. Thereafter, Snyder was given an Intoxilizer …
Article • May 15, 2007
Drug Patch Discussed by In a motion to revoke a federal probationer's parole, a federal district court in New York gives a detailed discussion on the Pharmchem drug testing sweat patch. The sweat patch is affixed to human skin and absorbs sweat which is later tested for drugs. The court …
Article • May 15, 2007
$100,000 Settlement Recommended For County's Contract Breach by On December 14, 2005, the Los Angeles County Claims Board recommended paying $100,000 to a drug testing firm to settle its breach of contract suit against the county. In September 1995 Los Angeles County entered a 5-year contract with PharmChem to provide …
Article • May 15, 2007
Court Upholds Strip Search, Nudity During Urine Test by The plaintiff was strip searched and made to stand naked for 20 minutes in a bathroom stall until he produced a urine sample pursuant to a random drug-testing program. At 934 (citations omitted): In the context of body searches performed upon …
Denial of Witnesses in Pee-Shy Urine Case Reversed by Denial of Witnesses In Pee-Shy Urine Case Reversed The court of appeals for the Second circuit affirmed in part, reversed and remanded in part, a district court's dismissal of a lawsuit filed by a federal prisoner in New York. The prisoner …
Article • May 15, 2007
Filed under: Searches, Drug Testing
No Chain of Custody Required for Urine Samples by The court of appeals for the Third circuit held in this class action suit by Pennsylvania prisoners, that due process was not violated when prison officials did not maintain a chain of custody record for urine samples purporting to show drug …
Drug Infraction Not Moot Upon Release by The court of appeals for the Ninth Circuit held that a federal prisoner's habeas challenge to a prison disciplinary hearing sanction was not mooted by the prisoner's unconditional release from prison. Barry Robbins was infracted for drug use at the BOP camp in …
Chain of Custody Defect Doesn't Void Drug Test by The court of appeals for the Seventh circuit held that an Indiana state prisoner's due process rights were not violated when prison officials failed to maintain an adequate chain of custody for his urine sample that later tested positive for marijuana. …
Damages Awarded in NY Urine Test Suit by A federal district court in New York entered an injunction and awarded $3,243.50 in damages, plus attorney fees, to a New York prisoner whose urine specimen lacked a full chain on custody and where no required confirmation test for drug use was …
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