Cundiff v. Berreman

OPINION OF THE COURT

FUENTES, Circuit Judge.

In September 2001, Warren Cundiff, a convicted sex offender, agreed to undergo random drug and alcohol testing as a condition of his release from prison. 1 In June 2002, Cundiff tested positive for drug use in preliminary testing at his parole office, 2 and was consequently arrested and imprisoned for violating N.J. Stat. § 2C:43-6.4(d). 3 Cundiff remained in prison pending confirmation of the positive results by an independent laboratory. Two weeks after the preliminary positives, the parole office received negative results from the laboratory, and…