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EWELL v. MURRAY

Nos. 92-6169, 93-6269.

11 F.3d 482 (1993)

Stacy L. EWELL, Plaintiff-Appellant, and Michael D. Corley; Daniel James; Shawn Pender; John Doe, Plaintiffs, v. Edward W. MURRAY; E.C. Morris, Defendants-Appellees. Stacy L. EWELL; Michael D. Corley; Daniel James; Shawn Pender, Plaintiffs-Appellants, and John Doe, Plaintiff, v. Edward W. MURRAY; E.C. Morris, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 10, 1993.

Attorney(s) appearing for the Case

Gretal J. Toker, Third-Year Law Student and Harold Jonathan Krent, Professor, argued (James T. McLaughlin, Third-Year Law Student, Sara K. Stadler, on brief), Post-Conviction Assistance Project, University of Virginia School of Law, Charlottesville, VA, for appellants.

Mark Ralph Davis, Asst. Atty. Gen., argued (Stephen D. Rosenthal, Atty. Gen., on brief), Office of the Atty. Gen., Richmond, VA, for defendants-appellees.

Before HALL and NIEMEYER, Circuit Judges, and BRITT, United States District Judge for the Eastern District of North Carolina, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

The Commonwealth of Virginia enacted a statute in 1990 for the establishment of a DNA data bank which provides that every inmate in the custody of its Department of Corrections "shall provide a blood sample prior to his release." Va.Code § 19.2-310.2. Implementing the legislative directive, the Virginia Department of Corrections issued regulations, first in March 1991 and again in April 1992, which provide for punishment...

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