Friedman v. Boucher, No. 05-15675

In a 42 U.S.C. section 1983 action alleging the unlawful taking of a DNA sample, the dismissal of the action on qualified immunity grounds is reversed, where the forcible taking of the DNA sample under these circumstances violated Plaintiff's clearly established Fourth Amendment rights.

Read Friedman v. Boucher, No. 05-15675

Appellate Information

Argued and Submitted October 19, 2007

Filed June 23, 2009

Judges

Opinion by Judge Thomas

Dissent by Judge Callahan

Counsel

For Appellant:

Tyler A. Baker, Fenwick & West LLP, Mountain View, CA

Saundra Riley, Fenwick & West LLP, Mountain View, CA

Kimberly I. Culp, Fenwick & West LLP, Mountain View, CA

Julie A. Nokleberg, Fenwick & West LLP, Mountain View, CA

For Appellees:

Robert J. Gower, Deputy District Attorney, Las Vegas, NV