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EMIT Test Result Supports Infraction by The court of appeals for the Second circuit held that a single EMIT drug test result showing the use of drugs was sufficient to support a finding of guilt in a New York prison disciplinary hearing. Pre-hearing segregation of prisoners who test positive for …
Article • May 15, 2007
Filed under: Searches, Drug Testing
Urine Testing for Drugs Upheld by The court of appeals for the Eighth circuit upheld the random urine drug testing, using the EMIT system, of Nebraska prisoners against a variety of challenges. All courts to consider the issue have upheld the urine testing of prisoners against a variety of challenges. …
Article • May 15, 2007
Tenth Circuit Reverses Dismissal on Prison Visitation Case by The Tenth Circuit Court of Appeals reversed and remanded the decision of a Kansas Federal district court dismissing the complaint of a prisoner and his wife over loss of visiting privileges. Kevin and Marsha Gray are married. Mr. Gray is African-American …
Article • May 15, 2007
Sweat Patch Drug Test Admissible at BOP Parole Revocation Hearing by The Eighth Circuit Court of Appeals held that laboratory reports may be admitted into evidence at a federal parolee's revocation hearing without accompanying expert testimony. The Missouri parolee's supervised release revocation hearing ensued after he tested positive for cocaine …
Article • May 15, 2007
Parole Board May Revoke Parole on Subsequent Drug Test if Positive by The Colorado appellate and Supreme Court agreed that parolees may have their parole revoked only on subsequent, positive drug tests. Former Colorado prisoner Alexander Whidden was released on mandatory parole on October 24, 2000. As part of his …
Article • May 15, 2007
Filed under: Searches, Drug Testing
Prisoners Selected For Random Urinalysis Must Be Chosen Blindly by A U.S. District Court issued a preliminary injunction enjoining prison officials from selecting prisoners for random drug tests in a manner that revealed their identities to the selector. Four New York state prisoners brought an action challenging the constitutionality of …
Article • May 15, 2007
Filed under: Searches, Drug Testing
Additional Drug Tests Not Required to Satisfy Due Process by The U.S. Tenth Circuit Court of Appeals, affirming the U.S. District Court for the Western District of Oklahoma, held that due process does not require that prison officials perform additional drug testing when a prisoner tests positive for illegal drugs …
Article • May 15, 2007
Filed under: Searches, Drug Testing
DUI Guilty Pleas Don't Bar Blood Draw Suits by Convictions based on pleas of guilty to DUI did not bar the plaintiffs' constitutional challenge to the manner in which blood was drawn from them, notwithstanding Heck. Since no blood evidence was used against them--in fact, no evidence was used against …
Article • May 15, 2007
$2,000 For Erroneous Washington Parole Drug Test Result by On May 1, 1995, John Lizee was arrested for a community supervision violation by his community corrections officer and confined at the Airway Heights Corrections Center, in Spokane, Washington, until May 4, 1995. Mr. Lizee's arrest and confinement was based on …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for by Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the …
Article • February 15, 2007 • from PLN February, 2007
Filed under: Searches, Drug Testing
Nebraska UA Procedures Do Not Violate Due Process by The Eighth Circuit Court of Appeals upheld a lower court?s decision that Nebraska?s Department of Correctional Services (DCS) urine sample collection and testing procedures do not deprive prisoners of due process of law. DCS tests urine samples for drugs using the …
Article • April 15, 2006 • from PLN April, 2006
Phoenix, Arizona, Settles Krone Wrongful Imprisonment Suit for $3 Million by The city of Phoenix, Arizona, will pay $3 million to settle a lawsuit brought by a man who spent more than a decade in prison for a murder he did not commit. The settlement, approved by the city council …
Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim by Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim The Nebraska Supreme Court reversed a lower courts dismissal of a prisoners 42 U.S.C. § 1983 action, finding that he stated a cognizable claim for …
Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable C by Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable Cause by John E. Dannenberg In a case of national first impression, the Ninth Circuit U.S. Court of Appeals held that when …
Incompetence, Brutality and Scandal Infest Tennessee Prisons and Jails by by Michael Rigby Tennessee isn't known for its huge prison system, like Texas or California. Nor is the state's capital city, Nashville, recognized for massively overcrowded jails such as the ones in Los Angeles or New York City. But one …
Washington DOC May Not Conduct Rehearing of Infraction Being Challenged in Collateral Attack by Washington DOC May Not Conduct Rehearing of Infraction Being Challenged in Collateral Attack The Washington Court of Appeals, Division III, held that the Department of Corrections (DOC) may not conduct a rehearing of a prison disciplinary …
Article • October 15, 2005
Forced Catheterization of Arrestee for Drug Test Upheld by The plaintiff was arrested for disorderly conduct and found to be pretty drunk and in possession of a marijuana pipe; the jail wouldn't admit him without a medical clearance. At the hospital he became uncooperative and abusive. A doctor directed that …
USP Beaumont, Texas: Murder and Mayhem in the Thunder Dome by Leah Caldwell Located in East Texas, the Federal Correctional Complex (FCC) at Beaumont is made up of a trio of federal prisons that are home to 5,667 prisoners. These prisons are run by the Bureau of Prisons, which is …
New Federal Civil Rights Tax Relief Act Ends Double Taxation On Attorney Fee Awards by California Drug Possession" Disciplinary Satisfied By Positive Urine Test The California Court of Appeal held that a positive urine test for THC (marijuana) was some evidence" sufficient to uphold a prison disciplinary finding of possession" …
Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation by Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation The Third Circuit Court of Appeals held that prison officials' testimony in the prosecution of a prisoner was inadmissible hearsay and that it …
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