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City fails to prove urine sample arrived at lab with seal intact

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The Indiana Court of Appeals affirmed the finding that a city of Gary employee was discharged but not for just cause. The judges pointed to incomplete paperwork regarding an on-site screen custody form.

Guadalupe Franco, an electro-mechanic for the city of Gary’s Sanitary District, was injured on the job and received treatment at Comprehensive Care. While there, he received an injection for pain and provided a urine sample for drug testing. The on-site screening custody form contains instructions and files to be completed in six steps – with the sixth step completed by MedTox, where the urine sample was sent for further testing after it came back “non-negative” for cocaine metabolite.

The sample was tested at MedTox, which also received a positive result for cocaine. But MedTox did not complete the sixth step on the form which provided a field for the date and a signature from the lab; the lab did, however, generate a report that contained matching numbers as found on the custody form, listed the tests required and identified the sample as Franco’s.

The city fired Franco and he sought unemployment benefits. He disputed the drug test results, claiming he never took the drug and has never had a positive drug test during the time he worked for the city. The administrative law judge ruled in favor of Franco and the Review Board of the Indiana Department of Workforce Development affirmed 2-1.

“Given the fact that relevant fields of steps five and six were not completed, the importance of these steps in the chain of custody, and the serious consequence for an employee of a positive drug test result, we decline to infer, from the fact that test results identifying Franco were sent by MedTox to Comprehensive Care, that the seal must have been intact and that the City met its burden with respect to the chain of custody,” Judge Elaine Brown wrote in City of Gary v. Review Board of the Indiana Department of Workforce Development and Guadalupe T. Franco, 93A02-1312-EX-1016. “This does not have the effect of imposing an impossible burden on the City as it could have produced a copy of the custody form with the relevant fields completed or the testimony or an affidavit of the persons who received, checked the seal of, and tested Franco’s sample. The City bore the initial burden of establishing that Franco was terminated for just cause.”

“The deputy, the ALJ, and the Board concluded sufficient information had not been provided to sustain the City’s burden of proof or to show the chain of custody was reliable. There is sufficient evidence to support the Board’s findings and sufficient facts to support its decision, and we cannot say the Board’s conclusion is unreasonable.”

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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