12/15/2023 0 Comments Do they drug test for psi probation![]() In addition, if the is negligent in testing the specimen, it is foreseeable that the will likely suffer. Moreover, the possesses and exercises control over the specimen at some point during-if not the entire duration of-the testing process. ![]() The principal purpose of the is to test a given biological specimen for the presence of drugs. We also find that there is a sufficient relationship between a and to support the recognition of a duty. I’ve substituted probation officer for laboratory and probationer for employee in the following excerpts: Do Probation Officers Have a Duty of Care to Perform Accurate Drug Tests? Psychemedics Corporation indicate that you should be able to, but… disclaimer: suing a government agency under the SC Tort Claims Act or a federal Section 1983 action is very different from a run-of-the-mill negligence action. The SC Supreme Court’s reasoning in Shaw v. Office of Probation, Pardon, and Parole: Can I Sue the Probation Office for a False Positive Drug Test? ![]() The following are excerpts from the fictional case of Shaw v. Psychemedics Corporation and see if it fits… Let’s take a look at the Court’s reasoning in Shaw v. Why wouldn’t the same reasoning apply to a probation officer whose negligence results in a person’s freedom being taken away? A BMW employee who was fired from their job because the lab hired by their employer reported a false positive for cocaine (twice) can be held liable for damages to the employee. Last week, the SC Supreme Court held that a drug testing laboratory who negligently reports a false positive on a drug test for an employer owes a duty of care to the employee and is liable for their negligence. What if you know it’s wrong, and you are able to get a second, independent test done quickly to prove that the probation office’s test was wrong? Can you sue the probation office for the false imprisonment that was a direct consequence of their negligence? If you are on probation and fail a drug test, or if you are in court and fail a drug test administered by the probation office, you might go to jail.īut what if the drug test result is wrong? You go to jail anyway, and no one in the courtroom is likely to believe you – of course, you would claim it was wrong.
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