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FERGUSON v. DEPT. OF CORRECTIONS

No. S-3733.

816 P.2d 134 (1991)

Duane FERGUSON, Appellant, v. STATE of Alaska, DEPARTMENT OF CORRECTIONS, Susan Humphrey-Barnett, Commissioner, Art Schmidt, Superintendent, Palmer Correctional Center, and Buck Rathbun, C.O. III, Disciplinary Chairman, Palmer Correctional Center, Appellees.

Supreme Court of Alaska.

August 2, 1991.

Attorney(s) appearing for the Case

Duane Ferguson, pro se.

Larry A. McKinstry, Asst. Atty. Gen., and Douglas B. Baily, Atty. Gen., Juneau, for appellees.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

MATTHEWS, Justice.

FACTUAL AND PROCEDURAL BACKGROUND

The Alaska Department of Corrections has instituted a program of drug testing applicable to all employees and prisoners. Identified individuals may be tested at the discretion of the Department Superintendent or his or her designee for disciplinary or security reasons.1 In addition, prisoners are subjected to random urine tests using the enzyme multiplied...

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