Hamilton v. Brown, No. 09-1523 (9th Cir. Jan. 4, 20110). TASHIMA, Circuit Judge: "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 (“SAC”) with prejudice.1 This appeal followed. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm."
January 04, 2011
