Tag Archives: drug screens

Kentucky – and immunity

By Connie Reguli

Please listen to the legal arguments in this case

It is about a brith mom who had one positive drug test results and three negative test results. The state put the family in a safety plan.

The state dropped the safety plan.

The parents then filed a civil rights complaint for Fourth and Fourteenth procedural and substantive due process rights.

The argument is about qualified immunity.

www.courtlistener.com/mp3/2019/12/06/holly_schulkers_v._elizabeth_kammer_cl.mp3

By Connie Reguli.

SCHULKERS v. KAMMER

William O. Bertelsman, United States District Judge.

Kimberly Jenci Hawthorne , D. Brent Irvin , Kentucky Cabinet for Health and Family Services Office of Legal Services, Frankfort, KY, Ellen M. Houston , Michael Joseph Enzweiler , Dressman Benzinger LaVelle P.S.C., Crestview Hills, KY, for Defendants.

https://www.leagle.com/decision/infdco20190211a69

UA drug screens – not admissible – OBJECT

By Connie Reguli

Connie Reguli in Washing D.C. 2018.

DRUG SCREENS.

Connie,

No reports necessary. The information will be in the package insert for the drug test. Most say something similar to what the Redwood Toxicology Lab RediCup instert says:

•The RediCup® is used for Screening Only. Positive results obtained with this device are presumptive.

•Additional testing is necessary to confirm the presumptive positive results. Positive results should be “confirmed” by an alternate method such as GC/MS (GasChromatography/Mass Spectrometry) or LC/MS/MS (Liquid Chromatography/Tandem Mass Spectrometry).

•Professional judgment should be applied to any drug of abuse test result, particularly with preliminary positive results.

Positive point of care urine drug screens are only a presumptive positive and must be confirmed by lab testing. If a party wants to enter the results of a point of care drug screen into evidence, enter the package insert, as well.

I will add more on this later.