WA appeals court revives lawsuit over Department of Corrections’ false-positive drug tests on inmates

A Washington appeals court has revived a lawsuit that challenged the Washington State Department of Corrections (DOC) for punishing inmates after “unreliable” drug testing.

The case, brought by Columbia Legal Services (CLS), involves a potential group of 1,000 people who were subjected to drug testing that had high rates of false positives, CLS stated in a release.

The DOC relied on the testing, which CLS deemed unreliable, to accuse and punish incarcerated people for drug use while lacking sufficient evidence, according to the lawsuit.

‘Unreliable’ tests resulted in solitary confinement, loss of privileges, and longer prison stays

The drug testing resulted in many inmates being placed in solitary confinement, losing good conduct time, and remaining in prison for extended periods, despite not committing the alleged infraction and having no opportunities to appeal the accusations.

Last year, a trial court dismissed all claims, which led to the Court of Appeals Division Two ruling on March 24 that allowed plaintiffs’ claims to proceed.

“Unless DOC seeks further review by the Washington State Supreme Court or the Court of Appeals reconsiders portions of their decision, this ruling means our clients can move forward and seek accountability in the trial court for the severe harms they experienced,” Alison Bilow, staff attorney at CLS, said. “People were punished and isolated based on highly unreliable evidence. DOC also continues to violate legal rights with these tests.”

The lawsuit also raises concerns over disciplinary systems inside prisons that operate with minimal oversight and accountability. The use of “flawed” testing was widespread rather than isolated, resulting in repeated punishments for inmates without reliable evidence, according to the complaint.

CLS noted that solitary confinement compounded the harm. Inmates accused based on the “faulty tests” were isolated from others, a method widely known to cause significant psychological and physical trauma, according to CLS.

Law group says Department of Corrections rebranded solitary confinement, but harmful conditions remain

The DOC has said it scaled back its solitary confinement, though CLS found similar conditions remain under a different name.

The consequences for affected inmates went beyond time spent in isolation; other punishments included loss of good conduct time, communication privileges, and transfers to stricter custody that separated people from families and communities, which added to the impacts of wrongful discipline.

“This case is about fairness and basic dignity,” Sarah Nagy, staff attorney at CLS, said. “No one should lose time, be placed in isolation, or face punishment without reliable evidence.”

CLS noted that unless DOC requests further review, the case would return to the trial court for additional proceedings, allowing plaintiffs to advocate for an end to the ‘unreliable’ testing, push for reformed disciplinary practices, and seek relief for people who were wrongfully punished.

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