NYCLU v. New York State Department of Correctional Services (Seeking access to records on use of ion scanners in prisons)

This Article 78 petition challenges the state Department of Correctional Services’ refusal to disclose public records about its use of ion scanning technology to screen prison visitors for exposure to drugs. After receiving numerous complaints about the accuracy of ion scanning devices and following studies questioning the high rate of false positives associated with the test, the NYCLU in September 2009 requested access to public records concerning the technology through the state Freedom of Information Law. In response, the Department of Correctional Services provided a single 12-page document that ignored the bulk of the NYCLU’s request. Ion scanners are electronic devices that aim to detect traces of drugs on clothing, body parts and other surfaces. If visitors test positive, or if they refuse the test, they are not allowed to enter prison. Photographs of visitors and their IDs are attached to positive scan results and circulated to prison officials to identify those persons during future visits.

In the decade since DOCS began using the scanners, the NYCLU has received many complaints concerning their accuracy, particularly their propensity to trigger false positive results after a visitor has handled non-contraband items, such as money, clothing or prescribed medication. Concerns about the scanners’ accuracy were confirmed in April 2008 when all Federal Bureau of Prisons facilities suspended the use of ion scanning. The bureau reinstated the ion scanning program in October 2009 under limited conditions and after implementing policy and equipment changes deemed necessary to improve the program’s effectiveness. After failing to respond fully to the NYCLU’s records request, DOCS ignored an administrative appeal the filed in January and a follow up letter sent in March. The NYCLU filed the lawsuit on May 26, 2010 in State Supreme Court of Albany County. 

State Supreme Court, Albany County, Index No. 3338-10 (direct)