Kenneth G. Dodek, Plaintiff-appellant, v. Officer Drake, Co Ii (urine Tester) Mr. Williams (hearingofficer), Defendants-appellees, 891 F.2d 286 (4th Cir. 1989)

Annotate this Case
US Court of Appeals for the Fourth Circuit - 891 F.2d 286 (4th Cir. 1989) Submitted: Sept. 20, 1989. Decided: Nov. 16, 1989

Kenneth G. Dodek, appellant pro se.

Before K.K. HALL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Kenneth G. Dodek appeals the district court's order dismissing his 42 U.S.C. § 1983 action. Dodek was convicted of a prison disciplinary infraction because results of the EMIT drug test revealed the presence of marijuana in his urine. In his complaint, Dodek contended that the use of the EMIT test results violated his constitutional rights. Our decision in Thompson v. Hall, No. 88-6525 (4th Cir. Aug. 14, 1989) (unpublished), is dispositive of the issue. Thompson specifically held "that the EMIT test, scientifically recognized as a valid medical procedure, constitutes some evidence to support the imposition of disciplinary sanctions." Id., slip op. at 7.

As the dispositive issues recently has been decided authoritatively, we dispense with oral argument. The judgment of the district court is affirmed.