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W.D. Mich.: Detention for decontamination after suspected biological attack was reasonable

By John Wesley Hall, Jr.

Detention of persons in a university lab for decontamination after suspected biological terrorism attack in a suspicious package did not state a claim for relief. They had qualified immunity. Allison v. Michigan State University, 2005 U.S. Dist. LEXIS 47019 (W.D. Mich. August 31, 2005): Plaintiffs contend that there was no real emergency other than the one created by Defendants' own gross negligence and failure to assess the facts before acting. The evidence reveals, however, that Defendants responded to the following evidence: there was a suspicious looking letter that had been resealed; the person who opened the letter immediately felt a burning sensation in her throat; the letter was from an individual associated with an animal rights activist group; the sender was a pharmacist with access to chemical contaminants; the FBI had concerns about and was watching the sender; additional individuals also reported burning in their throats; the hospital required decontamination as a prerequisite to admission; this occurred shortly after September 11, 2001, during the wave of national anthrax related incidents; and this occurred against the background of a history of animal rights violence at MSU...continue to full post

Full post as published by Fourth Amendment on February 14, 2010 (boomark / email).