Legal Opinion

State ex rel. McClain v. Cooke

Court of Appeals of Wisconsin

Decided May 28, 1997No. 96-2403PublishedCited by 5 opinions

1Opinion of the CourtSnyder, P.J.

Spencer McClain is an inmate at Kettle Moraine Correctional Institution (KMCI). He appeals pro se from a trial court order which affirmed the decision of a hearing officer finding him guilty of possessing intoxicants contrary to WlS. Adm. Code § DO C 303.59 (use of intoxicants).1 McClain contends that this finding is in error because he was tested twice within thirty days for the presence of intoxicants contrary to institution rules. We conclude that McClain is correct; the institution did not follow its own internal management procedures relating to random drug testing and consequently…

2Cases cited2 opinions

  1. City of Racine v. J-T Enterprises of America, Inc.Wisconsin Supreme Court · 1974
  2. State Ex Rel. Riley v. Department of Health & Social ServicesCourt of Appeals of Wisconsin · 1989

3Cited by5 opinions

  1. Weimer v. Country Mutual Insurance Co.Wisconsin Supreme Court · 1998
  2. Sweeney Ex Rel. Ross v. General Casualty Co. of WisconsinCourt of Appeals of Wisconsin · 1998
  3. Sweeney Ex Rel. Ross v. General Casualty Co. of WisconsinCourt of Appeals of Wisconsin · 1998
  4. Weimer v. Country Mutual Insurance Co.Wisconsin Supreme Court · 1998
  5. Weimer v. Country Mutual Insurance Co.Wisconsin Supreme Court · 1998

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