Peranzo v. Coughlin, 850 F.2d 125 (2d Cir. 1988). · Go Syfert
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Peranzo v. Coughlin, 850 F.2d 125 (2d Cir. 1988). Cases Citing This Book View Copy Cite
30 citation events (13 in the last 25 years) across 12 distinct courts.
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Somers, Aaron
Tex. Crim. App. · 2012 · confidence medium
In Driver v. State, the Alabama Court of Criminal Appeals held that the positive results of two routine double EMIT tests conducted on two separate occasions were sufficiently reliable for use in prison disciplinary proceedings involving an inmate’s alleged use of controlled substances.62 The court cited expert testimony from a research toxicologist with the Georgia Bureau of Investigation, also an inspector for the National Institutes on Drug Abuse, who testified that EMIT testing equipment was considered to be 95% accurate.63 The court also cited Spence and all the cases cited therein, as …
discussed Cited as authority (rule) Somers v. State (2×)
Tex. Crim. App. · 2012 · confidence medium
Peranzo v. Coughlin , 850 F.2d 125, 126 (2d Cir. 1988) (upholding Peranzo v. Coughlin , 675 F. Supp. 102 (1987)). 62. 576 So.2d 675 (Ala. Cr.
discussed Cited as authority (rule) Easter v. Saffle
10th Cir. · 2002 · confidence medium
“Though the risk of false positives has not been entirely eliminated, we agree ... that use of the test results may be relied upon as sufficient evidence to warrant prison discipline under the standards of Superintendent v. Hill, 472 U.S. 445, 454-55 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985)....” Peranzo v. Coughlin, 850 F.2d 125, 126 (2d Cir.1988); see also Koenig, 971 F.2d at 422 n. 1 (noting that ADx tests for cannabinoids, when properly performed, are generally accurate).
cited Cited as authority (rule) Rivera v. Wohlrab
S.D.N.Y. · 2002 · confidence medium
Peranzo v. *124 Coughlin, 850 F.2d 125, 125 (2d Cir.1988).
cited Cited as authority (rule) Edward Rodgers v. Clarence Trigg
7th Cir. · 1996 · confidence medium
Cf. Harrison v. Dahm, 911 F.2d 37, 41-42 (8th Cir.1990); Higgs v. Bland, 888 F.2d 443, 449 (6th Cir.1989); Peranzo v. Coughlin, 850 F.2d 125, 126 (2d Cir.1988).
cited Cited as authority (rule) George Martin v. Reginald A. Wilkinson
6th Cir. · 1994 · confidence medium
See Higgs v. Bland, 888 F.2d 443, 448 (6th Cir.1989); Peranzo v. Coughlin, 850 F.2d 125, 126 (2d Cir.1988). 5 Accordingly, we hereby affirm the district court's judgment.
cited Cited as authority (rule) Rodriguez v. Coughlin
W.D.N.Y. · 1992 · confidence medium
E.g., Peranzo v. Coughlin, 850 F.2d 125, 126 (2d Cir.1988); Jensen v. Lick, 589 F.Supp. 35, 39 (D.N.D.1984).
discussed Cited "see" Velez v. Microgenics Corporation
W.D.N.Y. · 2020 · signal: see · confidence high
See Peranzo v. Coughlin, 675 F. Supp. 102, 103-05 (S.D.N.Y. 1987) (analyzing New York State prisoners’ claims against DOCCS based on the use of urinalysis test results in disciplinary hearings and parole proceedings, and granting defendants’ motion for summary judgment), aff'd, 850 F.2d 125 (2d Cir. 1988).
discussed Cited "see, e.g." Burka v. New York City Transit Authority
S.D.N.Y. · 1990 · signal: see also · confidence low
See Peranzo v. Coughlin, 608 F.Supp. 1504, 1508 (S.D.N.Y.1985) (comparing cases admitting results of breathalyzer test, oil sample matching test, and neutron activation analysis, despite the fact that those tests are not foolproof; with cases refusing to admit results of psychological stress evaluation, polygraph test, and hair analysis, because those tests are unreliable); Sowa v. Looney, 23 N.Y.2d 329 , 296 N.Y.S.2d 760, 764-65 , 244 N.E.2d 243, 245-46 (N.Y.1968) (polygraph test which is not “reliable in the abstract” should not have been considered in decision to dismiss police officer)…
Retrieving the full opinion text from the archive…
Peter Peranzo, Isadore Felix, Oscar Roman, Ferdinand Frilando, Robert Lawrence, Marcella Phipps, James Boyd, on Behalf of Themselves and All Other Persons Similarly Situated, Plaintiffs
v.
Thomas A. Coughlin, Iii, Commissioner, New York State Department of Correctional Services, and Ramon Rodriguez, Chairman of the New York State Board of Parole, Gerald M. Burke, Joseph v. Salo, William J. Barnwell, Maurice Dean, Theodore Kirkland, Manuel Perron, Irving Greenberg, Maria Buchanan, Samuel D. Sherrid, Joseph Mulholland, Barbara Treen, and J. Kevin McNiff Commissioners of New York State Board of Parole, in Their Official Capacities
1269.
Court of Appeals for the Second Circuit.
Jun 27, 1988.
850 F.2d 125
Cited by 5 opinions  |  Published

850 F.2d 125

Peter PERANZO, Isadore Felix, Oscar Roman, Ferdinand
Frilando, Robert Lawrence, Marcella Phipps, James
Boyd, on behalf of themselves and all
other persons similarly
situated,
Plaintiffs-
Appellants.
v.
Thomas A. COUGHLIN, III, Commissioner, New York State
Department of Correctional Services, and Ramon Rodriguez,
Chairman of the New York State Board of Parole, Gerald M.
Burke, Joseph V. Salo, William J. Barnwell, Maurice Dean,
Theodore Kirkland, Manuel Perron, Irving Greenberg, Maria
Buchanan, Samuel D. Sherrid, Joseph Mulholland, Barbara
Treen, and J. Kevin McNiff, Commissioners of New York State
Board of Parole, in their Official Capacities, Defendants-Appellees.

No. 1269, Docket 88-2030.

United States Court of Appeals,
Second Circuit.

Argued June 24, 1988.
Decided June 27, 1988.

John A. Gresham, New York City (David C. Leven, Robert Selcov, William D. Gibney, Prisoners' Legal Services of N.Y., New York City, on the brief), for plaintiffs-appellants.

Maryellen Chomsky, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., New York City, on the brief), for defendants-appellees.

Before NEWMAN, KEARSE, and CARDAMONE, Circuit Judges.

PER CURIAM:

1

This is an appeal by New York State prisoners from a judgment of the District Court for the Southern District of New York (Leonard B. Sand, Judge) granting summary judgment in favor of New York corrections officials in the prisoners' suit challenging the reliability of urinalysis drug test results for use as evidence sufficient to warrant prison discipline. The tests are performed by State officials using the Syva Company's EMIT-st urinalysis drug detection kits. Evidence before Judge Sand established that the testing procedure--an initial test and a subsequent confirming test--has an accuracy of at least 98%. Though the risk of false positives has not been entirely eliminated, we agree with Judge Sand that use of the test results may be relied upon as sufficient evidence to warrant prison discipline under the standards of Superintendent v. Hill, 472 U.S. 445, 454-55, 105 S.Ct. 2768, 2773, 86 L.Ed.2d 356 (1985). We also agree that the detention prior to the disciplinary hearings was administrative and conformed to the requirements of due process. See Hewitt v. Helms, 459 U.S. 460, 103 S.Ct. 864, 74 L.Ed.2d 675 (1983); Bolden v. Alston, 810 F.2d 353 (2d Cir.), cert. denied, --- U.S. ----, 108 S.Ct. 229, 98 L.Ed.2d 188 (1987).

2

On the basis of Judge Sand's well-reasoned opinion, reported at 675 F. Supp. 102, we affirm the judgment of the District Court.