MOLINELLI v. TUCKER

No. 519, Docket 89-7569.

901 F.2d 13 (1990)

Richard MOLINELLI, Plaintiff-Appellee, v. Edward V. TUCKER, Acting Superintendent of Sing Sing Correctional Facility individually and in his official capacity, Enoc Esteves, Deputy Superintendent of Security of the Sing Sing Correctional Facility, individually and in his official capacity, John Duffany, Captain of Security of the Sing Sing Correctional Facility, individually and in his official capacity, Edward Holmes, Sergeant of Security and Supervisor of "7 Building" of the Sing Sing Correctional Facility, individually and in his official capacity, Michael Stokes, Lieutenant of Security of the Sing Sing Correctional Facility, individually and in his official capacity, Frank DeGinnero, Lieutenant of Security of the Sing Sing Correctional Facility, Paul Annette, Lieutenant of Security of the Sing Sing Correctional Facility, individually and in his official capacity, William Vega, Correctional Officer of Security of the Sing Sing Correctional Facility, individually and in his official capacity, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 9, 1990.


Attorney(s) appearing for the Case

Jane A. Levine, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for plaintiff-appellee.

Marilyn T. Trautfield, Asst. Atty. Gen. State of N.Y., New York City (Robert Abrams, Atty. Gen. State of N.Y., Ellen J. Fried, Asst. Atty. Gen. State of N.Y., of counsel), for defendants-appellants.

Before LUMBARD, NEWMAN, and WINTER, Circuit Judges.


LUMBARD, Circuit Judge:

The question on appeal of this civil rights action is whether, at the time of a 1986 urinalysis of a state prison guard, the law "clearly established" that urine testing was a search under the fourth amendment, making the defense of qualified immunity unavailable to the prison officials administering such tests unreasonably. We hold that the law in 1986 was not "clearly established" and that the defense is available.

I.

Edward...

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