Tuesday, August 28, 2012

Wyo. parolee sues over forced urine sample

A parolee who says he was forcibly catheterized to provide a urine sample is suing the Wyoming Department of Corrections and the city of Cheyenne. The American Civil Liberties Union filed a federal lawsuit on behalf of Daniel Delaney Friday. It alleges a parole officer ordered a nurse to insert the catheter while he was handcuffed to a hospital bed last August even though Delaney had admitted to consuming alcohol and taking over-the-counter sleeping pills. In his parole agreement, Delaney consented to testing without search warrants. However, Delaney's lawyers say he is still protected by the Fourth Amendment's prohibition against unreasonable searches. They contend forcibly obtaining the urine sample was unreasonable, given his admission. A previous blood test didn't show any other controlled substances. A corrections spokesman and Cheyenne's city attorney couldn't immediately be reached.

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