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MAGEARY v. BD. OF PARDONS & PAROLES

No. 1 CA-CV 90-444.

171 Ariz. 193 (1992)

829 P.2d 1239

Eric MAGEARY, ADOC #33417, Plaintiff-Appellee, v. ARIZONA BOARD OF PARDONS AND PAROLES, a political subdivision of the State of Arizona, Arizona Department of Corrections, a political subdivision of the State of Arizona and State of Arizona, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department D.

Redesignated as Opinion March 25, 1992.

Review Denied June 2, 1992.

Attorney(s) appearing for the Case

Gilcrease & Martin by James C. Martin and Timothy J. Ryan, Tempe, for plaintiff-appellee.

Grant Woods, Atty. Gen. by Timothy B. Trask, Asst. Atty. Gen., Phoenix, for defendants-appellants.

OPINION

The court has considered this appeal, Presiding Judge John F. Taylor and Judges Rudolph J. Gerber and Melvyn T. Shelley, retired, participating.

One of the conditions of appellee's (Mageary) parole was to submit on demand to drug screening. On July 3, 1989 his urine tested positive. Based on two tests of the same sample a warrant issued for Mageary's arrest. The Department of Corrections (DOC) was advised by Mageary's attorney that he wished to be...

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