Molinelli v. Tucker

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 Tucker, acting superintendent of Sing Sing Correctional Facility, and other Sing Sing officials, appeal the order of the District Court for the…