THURSTON COUNTY, Wash. — Solitary confinement, loss of prison employment and loss of contact with loved ones; these are several consequences a group of Washington inmates faced after their belongings tested positive for drugs.
But these inmates claim the tests used are unreliable, and the Department of Corrections (DOC) knows that.
Four current and former Washington DOC inmates filed a lawsuit against the department on Friday. The lawsuit alleges DOC used "unreliable, presumptive" drug tests on inmates' belongings as a basis for handing down harsh punishments. Despite pleas to change its testing policies, the inmates claim DOC continues to "aggressively" use these tests.
All four inmates were at the Airway Heights Correction Center when the alleged faulty testing happened.
According to the lawsuit, the four inmates' personal belongings were tested for drugs. When the screenings showed a "presumptive positive" for synthetic marijuana (Spice), DOC allegedly punished the inmates without a confirmatory test.
One of the inmates was reportedly put in solitary confinement after crossword puzzles and word searches he got from his family showed a presumptive positive for drugs. Another was put in solitary confinement after Airway Heights corrections officers found a scrap of paper in his cell that tested positive for Spice.
During their time in solitary confinement, the lawsuit states the inmates were allowed to be out of their cells for one hour per day.
In addition to long stints in solitary confinement, the inmates were told they couldn't use the phone for months at a time. One inmate had his time in prison extended by 75 days, according to the lawsuit.
Eventually, however, those preliminary results were overturned when a confirmatory lab test confirmed there were no drugs on the inmates' belongings.
Amy Crewdson, one of the inmates' attorneys, told KREM 2 the punishments for a presumptive positive test can be as extreme as a transfer to another facility.
"There are various prisons in Washington state, and so the more serious the security level, generally the more difficult life is for people in custody," she explained. "The Department of Corrections shouldn't be punishing people for something they didn't do.
The tests are commonly manufactured by DetectaChem and MMC International. Crewdson said DetechtaChem's website states the results from its Mobile Test Kits are not conclusive.
"The literature that's out there about these tests makes clear that they are not anything that should be used to do this kind of thing," Crewdson said.
Three of the four inmates listed in the lawsuit are still in prison, and Crewdson said many of them are still dealing with the consequences of the test results despite the confirmatory test coming back negative. While their punishments can't be undone, she hopes this lawsuit will stop the use of these drug tests as a means for imposing punishment.
"You're in solitary confinement for a few months, that's not something you can get back. If you've lost visitation with your loved ones, that can't be undone," she said. "We want the Department of Corrections to stop relying on these tests to punish people for conduct they haven't engaged in."
KREM 2 reached out to DOC for comment on these allegations, but officials said they do not comment on past, current, pending or future lawsuits.
DOWNLOAD THE KREM SMARTPHONE APP
DOWNLOAD FOR IPHONE HERE | DOWNLOAD FOR ANDROID HERE
HOW TO ADD THE KREM+ APP TO YOUR STREAMING DEVICE
ROKU: Add the channel from the ROKU store or by searching for KREM in the Channel Store.
Fire TV: Search for "KREM" to find the free app to add to your account. Another option for Fire TV is to have the app delivered directly to your Fire TV through Amazon.
Apple TV: Search "Spokane News from KREM" in the Apple store or follow this link.
To report a typo or grammatical error, please email webspokane@krem.com.