Another state prison system is facing a lawsuit over its use of inaccurate drug field tests to throw incarcerated people in solitary confinement.
The class-action lawsuit, filed last Friday by Columbia Legal Services in a Washington state circuit court, alleges that the Washington State Department of Corrections (DOC) uses unreliable field kits to test mail for drugs and then uses the unverified results to put inmates in solitary confinement, move them to higher security prisons, and strip them of visitation rights and other privileges. This violates inmates’ due process rights and protections against cruel punishment under the state constitution, the suit argues.
“DOC continues to use these tests even though, upon information and belief, items that have tested ‘presumptive positive’ include blank notebook paper and manila envelopes purchased directly from DOC’s commissary or from DOC-approved vendors,” the suit says.
According to the lawsuit, one of the plaintiffs spent four months in solitary confinement after greeting cards shipped directly to him from a card company tested positive for drugs. The results were later invalidated by a lab. Another plaintiff, Gregory Hyde, was kept in solitary confinement—meaning he was in a cell for 23 hours a day—for nearly five months because some books of crossword and sudoku puzzles that his father mailed him tested positive for synthetic marijuana, also known as “spice,” a popular drug in prisons.
“I think DOC is using its power to punish people who can’t fight back,” Hyde said in a press release. “My elderly father just wanted to send me some puzzle books. Now they’re saying he’s a drug dealer. Now my father is too far away to see because I got transferred to a different facility. My father is impoverished and on a fixed income. I think it’s an abuse of power.”
Hellbound and Down 