« Interesting policy echoes from notable clemency grants in California | Main | Adult prison sentence of 25 years for 12-year old killer in Indiana »

January 4, 2011

Ninth Circuit upholds DNA extraction from California prisoners

Today in Hamilton v. Brown, No. 09-1523 (9th Cir. Jan. 4, 20110 (available here), a Ninth Circuit panel rejects various constitutional challenges to California's process for extracting DNA from its state prisoners. Here is how the opinion gets started:

We must decide whether California state prison inmates constitutionally may be required to provide blood samples for DNA identification under California’s DNA and Forensic Identification Database and Data Bank Act of 1998, as amended, Cal. Pen. Code § 295 et seq. (the “Act” or the “California DNA Act”).  Pro se plaintiff George Hamilton, a California state prison inmate, alleges that prison officials forcibly extracted a blood sample for DNA identification without his consent.  He contends that this violated his rights under the Fourth, Eighth, and Fourteenth Amendments to the United States Constitution and under California state law.  The district court dismissed Hamilton’s second amended complaint with prejudice.  This appeal followed. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

January 4, 2011 at 02:47 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e20147e1450cf6970b

Listed below are links to weblogs that reference Ninth Circuit upholds DNA extraction from California prisoners:

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB