The prisoner has the right to a most up tro date test...
He should countersue .....
The Utah Department of Correction is suing a prison inmate for the right to use force, if necessary, to test him for tuberculosis.
Civil charges were filed Thursday in 3rd District Court against Robert Heaps, who has refused to be tested for the potentially fatal, airborne disease.
Heaps was last tested in Dec. 2006.
The corrections department holds that failure to test Heaps for tuberculosis will create a public health risk for staff and other inmates. The required test, a pin prick to the arm, is minimally invasive, according to Thursday's filing.
The prison believes it has statutory authority to administer the test.
The department is being represented by the office of the state attorney general. It has asked for a judge-only trial.
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