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PADGETT v. DONALD

No. 03-16527.

401 F.3d 1273 (2005)

Roy PADGETT, et al., Plaintiff, Paul N. Boulineau, John Burney, Plaintiffs-Appellants, v. James E. DONALD, Commissioner of Georgia Department of Corrections, Georgia Bureau of Investigation, and Georgia Department of Corrections, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 4, 2005.

Attorney(s) appearing for the Case

Randall Marc Hawkins (Court-Appointed), Paul R. Wellons, Kimberly J. Johnson, Jones Day, Atlanta, GA, for Plaintiffs-Appellants.

David E. Langford, State of GA Dept. of Law, Atlanta, GA, for Defendants-Appellees.

Before ANDERSON and BIRCH, Circuit Judges, and ROYAL, District Judge.

BIRCH, Circuit Judge:

In a case of first impression for our circuit, we decide whether the United States and Georgia Constitutions permit the Georgia Department of Corrections to compel incarcerated felons to submit saliva samples for DNA profiling, pursuant to O.C.G.A. § 24-4-60. The district court granted summary judgment in favor of the Commissioner of the Georgia Department of Corrections, the Georgia Bureau of...

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