Update (May 27, 2011): Motion for a temporary restraining order or preliminary injunction denied. U.S. District Court Judge Donovan W. Frank (D. Minn.) found the plaintiff unlikely to be successful in his suit, a prerequisite to the preliminary relief plaintiff sought. Another good reason to exercise moderation this holiday weekend (or, better yet, abstention for those on probation, at least)…
Original post (May 9, 2011): Alcoholics that have gotten on the wrong side of the law are often tested for alcohol use as a condition for probation and, if they fail to stay sober, they risk being slapped into jail for failure to meet the terms of their probations.
But what if the alcohol detection method used by the authorities was so sensitive that walking past a heavily perfumed person (or using a cleaning supply or mouthwash with some minimum alcohol content) might trigger a positive result and four months in jail!? These are the allegations being made by John G. Miller and his lawyers in a class action against Redwood Toxicology Laboratory. In fact, last week plaintiff brought a motion for a temporary restraining order.
The freedom of thousands “hangs in the balance,” according to plaintiff’s counsel. Plaintiff’s case is so weak in several aspects, according to defense counsel, that there is no basis for a temporary restraining order.
The case is before U.S. District Court Judge Donovan W. Frank (D. Minn.).