MAN'S LAWSUIT: WOMAN SHOULDN'T HAVE WATCHED ME GIVE URINE TEST

A York County Halfway House Is Named In A Civil Rights Complaint.

A Harrisburg man has filed a federal civil suit against a York County
halfway house and its female staff because he claims he was forced to
comply with urine drug testing in front of them.

The suit, filed in U.S. Middle District Court by attorney Don Bailey,
contends the defendants' actions "humiliated and embarrassed" Jason L.
Zullinger and violated his constitutional rights against illegal
searches and cruel and unusual punishment.

"You have some very serious privacy violations here," Bailey said
Friday. "We are not saying he should not have been drug tested. But if
this was a woman sitting on the commode with a male guard watching her
tinkle, imagine the furor there would be."

Zullinger, 34, served 24 months in state prison for a third-offense
DUI, according to Franklin County court records. He was released to
the York County halfway house on July 13, 2009.

He alleges that between that date and April 11, 2010, he was subjected
to mandatory urine tests by the all-female staff.

According to his suit, on Aug. 12, 2009, one staff member observing
his urine collection "said in an insulting tone, 'so that's what
you're working with.'"

The suit contends, "Males in general are very sensitive to, or at
least Mr. Zullinger is very sensitive to, remarks and observations
about the size of his penis." The complaint continues with, "the above
is particularly relevant since Mr. Zullinger's penis is of average (or
slightly more than average) in size to the best of his knowledge and
belief."

The Pennsylvania Attorney General's Office, which is representing the
halfway house and the staff, responded to the suit in boilerplate
language, stating "the defendants are without knowledge or information
sufficient to form a belief as to the truth or falsity of the
averments ... therefore they are denied."

Senior Deputy Attorney General Gwendolyn T. Mosley also denied the
staff member made any derogatory comment to Zullinger during the urine
collection.

According to the Pennsylvania Department of Corrections, the current
policy is to have urine collections observed by a staff member of the
same gender as the person being tested. However, spokeswoman Susan
Bensinger said the drug-testing policy at the time Zullinger was in
the halfway house was "irregardless of gender."

Bailey said he believes Bensinger is incorrect about the policy
spanning the time frame of Zullinger's complaint.

"But irregardless of policy," he said, "it's just wrong."

Al Sabol, chief of York County adult probation, said the local policy
for observing drug testing is to have the observer be the same gender
as the defendant.

He said, citing possible future budget concerns and to free up
probation officers for more important matters, he may hire a
technician to observe all the department urine collections. He said
while he would not have a male observe a female, he understands the
potential problems of having a female observe a male.