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MAYFIELD v. DALTON

No. 95-16626.

109 F.3d 1423 (1997)

John C. MAYFIELD, III, individually and in behalf of all others similarly situated; Joseph Vlacovsky, individually and in behalf of all others similarly situated, Plaintiffs-Appellants, v. John H. DALTON, Secretary of the Navy; Carl E. Mundy, General Commandant, United States Marine Corps; Charles C. Krulak, Lieutenant General, Commanding General, Marine Forces Pacific; Richard F. Vercauteren, Brigadier General, Commanding Officer, Marine Corps Base, Hawaii; Richard Monreal, Lieutenant Colonel, Commanding Officer, 1st Radio Battalion, Marine Forces Pacific; Vaughn P. Fox, Major, Commanding Officer, B Company, 1st Radio Battalion, Marine Forces Pacific; and John Does 1-25, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 27, 1997.

Attorney(s) appearing for the Case

Eric A. Seitz, Honolulu, Hawai`i, for plaintiffs-appellants.

Steve Frank, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Toni G. Wolfman and Colin J. Zick, Foley, Hoag, & Eilot, Boston, Massachusetts, for amicus curiae, Council for Responsible Genetics.

Before WALLACE, SCHROEDER, and ALARCON, Circuit Judges.

SCHROEDER, Circuit Judge:

The plaintiffs-appellants in this case, John C. Mayfield and Joseph Vlacovsky, filed this action when they were on active duty in the Marine Corps. They challenged the constitutionality of a Department of Defense program to collect and store blood and tissue samples from all members of the armed forces for future DNA analysis (the "repository"). Mayfield and Vlacovsky argued that the compulsory taking of specimens without proper safeguards...

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