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WEBER v. LOCKYER

No. C04-5161 FMS.

365 F.Supp.2d 1119 (2005)

Michael WEBER, et al., Plaintiffs, v. Bill LOCKYER, et al., Defendants.

United States District Court, N.D. California.

April 22, 2005.

Attorney(s) appearing for the Case

Sonya D. Winner, Donald W. Brown, Jeffrey Dean Schwartz, Jordan Budd, Julia Harumi Mass, Esq., Kate S. Steinheimer, Margaret Campbell Crosby, Maya L. Harris, San Francisco, CA, Mark Rosenbaum, Peter Eliasberg, Ricardo D. Garcia, Los Angeles, CA, for Plaintiffs.

Dale L. Allen, Jr., Mark F. Hazelwood, San Francisco, CA, for Defendant.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

FERN M. SMITH, District Judge.

I. INTRODUCTION

This action is a class action lawsuit challenging the constitutionality of Proposition 69, passed into law by California voters on November 2, 2004. Plaintiffs claim that the portions of the new law that require DNA testing of people who are arrested for but not convicted of a crime and people that were convicted of a felony in the past but are no longer...

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