In a 42 U.S.C. section 1983 action seeking the evidence used to convict Defendant of sexual assault for the purposes of DNA testing, summary judgment for Plaintiff is reversed where, assuming Plaintiff's claims could be pursued using Section 1983, he had no constitutional right to obtain post-conviction access to the State's evidence for DNA testing.
Appellate Information:
On writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
Filed on June 18, 2009
Judges:
Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined.
Alito, J., filed a concurring opinion, in which Kennedy, J., joined, and in which Thomas, J., joined as to Part II.
Stevens, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined, and in which Souter, J., joined as to Part I. Souter, J., filed a dissenting opinion.
Counsel:
For Petitioner - Kenneth M. Rosenstein, Office of Special Prosecutions & Appeals, Anchorage, AK
For Respondent - Peter J. Neufeld, Benjamin N. Cardozo School of Law, New York, NY.
