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 CaseKenneth G. Dodek, appellant pro se.
Before K.K. HALL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.
PER CURIAM:
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 Our decision in Thompson v. Hall, No. 88-6525 (4th Cir. Aug. 14, 1989) (unpublished), is dispositive of the issue.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.
AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
