Koenig, an Arizona prison inmate, tested positive for marijuana use in a random drug test. When prison officials repeated the ADx test, 1 Koenig again tested positive. Prison officials cited him for a positive drug screen test. Before his disciplinary hearing, Koenig requested a gas liquid chromatography-mass spechtrometer test 2 performed by an independent laboratory at his own expense to confirm the results of the immunoassay test. The prison officials denied it. Koenig was found in violation of prison regulations.
Koenig filed a civil rights complaint under 42 U.S.C. § 1983 against the prison officials. He alleged that their denial of his request for an independent drug test violated due process. The district court dismissed, and Koenig appeals pro se. He argues that the court erred in failing to consider his right to call witnesses and present evidence at a disciplinary hearing.
In
Pella,
prison officials denied an inmate’s request for an additional drug test performed at this own expense to confirm the results of an immunoassay test.
Pella,
The Pella court’s reasoning is persuasive. The Arizona prison officials legitimately could deny Koenig’s request for an additional drug test.
AFFIRMED.
Notes
. The ADx test is a fluorescein polarization immunoassay test (FPIA) that is used to detect marijuana and other drugs in biological fluids. When properly performed, FPIA tests for canna-binoids are generally accurate. Richard H. Schwartz, M.D., Urine Testing in the Detection of Drugs of Abuse, 148 Archives of Internal Medicine 2407 (November 1988).
. The gas liquid chomatography-mass spe-chtrometer test is widely used to confirm samples that test positive by immunoassay methods. "It is ... 100% accurate in determining precisely which drugs have been used by the tested individual.”
Pella v. Adams,
