Random drug test, corrections, due process, refusal, policy and procedure.

An inmate at the North Dakota State Penitentiary challenges the state's policy for drug testing the facility's inmate population. The inmate, Herbert Jensen, claimed the policy failed to provide confirmation tests for positive results on initial tests. The policy orders officials to restrict the privileges of inmates who test positive or refuse to submit to the test. Jensen refused to participate in the test. However, correction officials took no action against him because an internal review determined prison staff failed to follow test procedures in Jensen's case. Corrections officials responded to Jensen's suit with a motion to dismiss.

This is the first judicial review of this case,

Jensen loses. The U.S. District Court for the District of North Dakota, Southwestern Division, granted the state's motion to dismiss. The court ruled Jensen's complaint lacked any material fact.