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JAMES CARL HIGGS et al. PLAINTIFFS
vs.
GEORGE WILSON et al. DEFENDANTS. JERALD L. KENDRICK et al. PLAINTIFFS v. DAVID H. BLAND et al. DEFENDANTS. JAMES M. THOMPSON et al. PLAINTIFFS v. DAVID H. BLAND et al. DEFENDANTS. UNITED STATES OF AMERICA AMICUS CURIAE Civil Action No. 83-0256-P Consolidated With Civil Action No. 76-0079-P Consolidated With Civil Action No. 79-0092-P UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY
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Issues:
Drug testing, evidence, chain of custody, policy and procedure, corrections, due process.
Case Summary:
Inmates with the Kentucky Department of Corrections file suit against the department's drug testing policy. Under the current guidelines, inmates who test positive are subject to disciplinary action. The inmates challenge the department's practice of relying exclusively on the evidence of the test results.
Decision of lower jurisdiction:
A U.S. magistrate recommended that a preliminary injunction be issued against the policy until corrections officials adopted appropriate revisions to safeguard the integrity of test samples.
Outcome:
Inmates win. The U.S. District Court for the Western District of Kentucky affirmed the preliminary injunction. The court ruled that corrections officials needed to revise the policy and strengthen the chain of custody procedure.