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  #1  
Old 07-15-2017, 10:10 PM
Curt'swife8 Curt'swife8 is offline
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Default Legal Action to Fight False Positives with ION Scanner

I am not totally sure that I am ready to hire an attorney to fight the problem I am having with the false positives with the ION Scanners, but I am in research mode. I have appealed to the warden, Mid-Atlantic Regional Office and Central Offices. I have been denied by both the warden and the Regional Office. I have yet to hear back from Central Offices. I, also, wrote to BOP Internal Affairs and have yet to get a response.

I have sought support from Fedcure. They responded initially, but have not responded to my last several emails.

I have contacted both of my senators. Both have reached out to support and both have received the same results I have received, with the exception that the warden clearly blames me.

I have also written to the U.S. Department of Justice, to which I received a letter explaining their system and explaining that they would examine my letter more closely to determine if it fits their standards. They are specifically looking for a problem that exists with many people, not individuals.

There is a reason that people decide to just walk away and not press on for vindication: it's exhausting, emotionally damaging, time consuming, costly, intimidating, and it feels like an impossible feat. I cannot do that! I am deeply committed to my husband and we do not have a short trek left. Additionally, I cannot stand the fact that I am being insulted, ignored, and discriminated against so consistently.

With all that being said, does anyone have any new suggestions and/or legal contacts who have had experience with this issue?
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Old 07-15-2017, 10:39 PM
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Wasn't there a period of time they pulled the scanners from all BOP because of false positives? If there were studies or analysis done for that, they might be of help. I agree, they're huge wastes of money that create more problems than they solve. If I find any information, I'll be sure to link you to it.
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Old 07-15-2017, 11:37 PM
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Thank you so much!

They did remove them, but brought them back. I am finding in my research that most of the recent uproar is in Canada and California. I don't know if they are doing anything differently, if they are using different machines, or if it is just new to them. I am seeing people test positive ALL THE TIME at FCI McDowell - many more than I witnessed at USP Lee. I visited USP Lee for almost 10 years and received NO positives. In the 2.5 years I visited FCI McDowell, I have received 3 false positives. Two of the three were back-to-back (May and June, 2017) and were after I wrote staff up for discriminatory acts. The first one happened after I stayed in a hotel room (March, 2015) so I assumed that was the reason. It never happened to me before so I prayed it was a fluke. Now, I feel like they are just going to keep saying I test positive so that I can no longer visit with my husband! :'(
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Old 07-16-2017, 03:57 AM
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You may want to call the local bar association which can often point you to someone who specializes in what you're looking for. Consultations are sometimes free. I'm so sorry you have to go through this.
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Old 07-16-2017, 08:53 AM
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Not at your location, but I tested positive once. They looked at me and told me to go and wash my hands. Aecond time was clear and asked if i took medication in the morning and I said no. I don't take medication for anything except Aleve if my sciatica acts up.

Before I do anything I wash my hands as soon as I get there and limit what I touch. That day I did get money from the Atm. It is all I can think of as why it happened.

Gives me anxiety everyone I go.
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Old 07-16-2017, 09:27 AM
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I have actually looked into Naproxen (prescription Aleve) for a positive drug result on the inside for a friend. NSAID's, among many other medications, give false positive results for benzodiazepines.
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Old 07-16-2017, 12:06 PM
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I didn't know that. I only take it when I can't walk due to the pain, which is a few times a year.

Thank you
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Old 07-16-2017, 12:14 PM
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Quote:
Originally Posted by onedayatatime13 View Post
Not at your location, but I tested positive once. They looked at me and told me to go and wash my hands. Aecond time was clear and asked if i took medication in the morning and I said no. I don't take medication for anything except Aleve if my sciatica acts up.

Before I do anything I wash my hands as soon as I get there and limit what I touch. That day I did get money from the Atm. It is all I can think of as why it happened.

Gives me anxiety everyone I go.
Anxiety is an understatement! My husband and I are "Positive Thoughts" people or at least try to be every moment of every day. I told him that I kept trying the positive-thoughts thing on my last drive there in June and all this negative energy kept creeping in unless I thought about something else. I really don't trust the staff at all, especially since I wrote them up. There are new people at processing, but you know they all stick together and they know EVERYTHING because EVERYTHING is monitored: phone, emails, and snail mail! We have had NO privacy since February! Some visitation staff even asked my husband at the beginning of March if I was coming that weekend. Why do you need to know that? It is none of your business!!! I think after that they just paid attention to our emails to know who, what, and when!
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Old 07-16-2017, 12:23 PM
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"We have had NO privacy since February!"

You had no privacy long before that. Everything has been monitored since the day he went in.
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Old 07-16-2017, 12:30 PM
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Quote:
Originally Posted by His_Queen13 View Post
I have actually looked into Naproxen (prescription Aleve) for a positive drug result on the inside for a friend. NSAID's, among many other medications, give false positive results for benzodiazepines.
I need to find the gentleman's post that I read a little while back. He used to work for FBOP. He said that while it is true that you can acquire small traces from money, phones, bathrooms, tables, etc., the company insisted that there was no way any legal substance would mimic an illegal substance with those machines. Is it that they will generate false positives on a urine analysis? Somehow I think the two may be different.

I do take lots of over-the-counter supplements to stay healthy. And I did have recent foot surgeries (Feb and July) during which time I had to take Oxy for the post-surgical pain, but I had not taken the Oxy since Feb. 11th or 12th. I first tried to visit May 6th and then again June 10th. I had no DIRECT contact with the Oxy, but I told them I could have residue anywhere in my house. I don't know how I would go about fixing that since the machines pick up MICROSCOPIC traces, which means I cannot see them! They never tell me the results of the test other than it was supposedly positive. I did share with the warden about my Oxy prescription, but she NEVER referenced it in either of my denials.

In my case, I didn't do anything differently than I have done in YEARS! I have been visiting stupid federal prisons for over 12 years and all of my problems are recent.
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Old 07-16-2017, 12:32 PM
Curt'swife8 Curt'swife8 is offline
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Quote:
Originally Posted by safran View Post
"We have had NO privacy since February!"

You had no privacy long before that. Everything has been monitored since the day he went in.
Trust! I know that! I mean "intimate" conversation. There are things we can talk about in person that we know they aren't hearing every single word. That's all.
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Old 07-16-2017, 02:16 PM
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Quote:
Originally Posted by Curt'swife8 View Post
Trust! I know that! I mean "intimate" conversation. There are things we can talk about in person that we know they aren't hearing every single word. That's all.
I've never been 100% sure the visiting rooms are safe - especially in higher security prisons and I question the privacy of legal visits too.
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Old 07-16-2017, 02:27 PM
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Quote:
Originally Posted by safran View Post
I've never been 100% sure the visiting rooms are safe - especially in higher security prisons and I question the privacy of legal visits too.
I definitely understand your concern. I suppose I know they can hear things. They are monitoring us. I just feel like it is not the same as them reading/listening to every word. It is not like we talk about anything "illegal" or concerning in that nature. It is just nice to have a detailed conversation for longer than 15 minutes!

FYI, I have visited in a USP and a FCI Medium. Other than the table/seating and the ability/or lack of ability to walk with each other over to get pictures, I haven't seen much difference with monitoring.
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Old 07-16-2017, 04:03 PM
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Quote:
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I've never been 100% sure the visiting rooms are safe - especially in higher security prisons and I question the privacy of legal visits too.
The Leavenworth scandal proves your suspicions. Attorney meetings were recorded by the hundreds and recordings were shared with prosecutors.

Back to the OP, I wouldn't expect them to take the case but it could be worthwhile anyway to talk to the ACLU National Prison Project.

The publishers of Prison Legal News probably know some lawyers who can take on the BOP.

Don't take this as advice or even as particularly knowledgeable, but I believe you have an obstacle to overcome or go around in that courts don't like to joggle the elbows of prison administrators on anything that looks like a penological decision.

Have you tried a FOIA request for internal emails with your name in them? Or for the maintenance records on the scanner where you were?
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Old 07-16-2017, 04:10 PM
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Quote:
Originally Posted by Minor activist View Post
The Leavenworth scandal proves your suspicions. Attorney meetings were recorded by the hundreds and recordings were shared with prosecutors.

Back to the OP, I wouldn't expect them to take the case but it could be worthwhile anyway to talk to the ACLU National Prison Project.

The publishers of Prison Legal News probably know some lawyers who can take on the BOP.

Don't take this as advice or even as particularly knowledgeable, but I believe you have an obstacle to overcome or go around in that courts don't like to joggle the elbows of prison administrators on anything that looks like a penological decision.

Have you tried a FOIA request for internal emails with your name in them? Or for the maintenance records on the scanner where you were?
Wow! I knew nothing of the Leavenworth scandal! I am going to have to research that too!

Thank you for your suggestions!
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Old 07-16-2017, 04:23 PM
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I don't know that the Leavenworth mess will help you out with your problems, but if you like (it's your thread!) here's a start.
https://www.usnews.com/news/best-sta...ded-jail-calls
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A federal prosecutor in Kansas who said in court last year that she had not listened to recorded phone calls between defendants and their attorneys at the Leavenworth Detention Center has left the U.S. Attorney's Office after admitting to her supervisor that she did listen to some calls.
It wasn't a BOP facility so this doesn't tell you anything except what to watch out for.
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