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David M. BOURGEOIS Appellant-Respondent on Appeal
vs.
A.I. MURPHY Director and Jim Evans Warden Elton J. Mendenhall Departmental Hearing Officer of the Idaho Correctional Institution at Orofino Idaho Respondents-Appellants on Appeal
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Issues:
Corrections, random testing, marijuana, chain of custody
Case Summary:
The attorney general of the state of Idaho appeals a lower court's ruling that reverses a disciplinary action against a corrections inmate who tested positive for marijuana in a random drug test. David Bourgeois was disciplined for posting the positive result in the drug screen. He filed suit, challenging the chain of custody of the sample. He also contends that a confirmation test was not performed.
Decision of lower jurisdiction:
The District Court of Clearwater County accepted Bourgeois's objections. The court ruled a confirming test should have been performed. The court also ruled the chain of custody of the sample was flawed. The state now appeals.
Outcome:
A split decision. The Idaho Supreme Court ruled that the lower court erred in its ruling concerning the sample's chain of custody. The supreme court remanded the case to the lower jurisdiction for additional review.