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IN RE DNA EX POST FACTO ISSUES

No. 08-6169.

561 F.3d 294 (2009)

In re DNA EX POST FACTO ISSUES Anthony Eubanks, Plaintiff-Appellant, v. South Carolina Department of Corrections; William D. Catoe, Individually and in his official capacity as Director, South Carolina Department of Corrections; South Carolina Law Enforcement Division, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 26, 2009.

Attorney(s) appearing for the Case

ARGUED: Justin Kahn, Kahn Law Firm, Charleston, South Carolina, for Appellant. Andrew Lindemann, Davidson & Lindemann, Columbia, South Carolina, for Appellees.

Affirmed in part and reversed in part by published opinion. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge AGEE joined.

OPINION

TRAXLER, Circuit Judge:

Anthony Eubanks appeals a district court order granting summary judgment against him in his ex post facto challenge to a South Carolina law requiring that certain prisoners provide DNA samples for South Carolina's DNA bank and pay a $250 processing fee before being paroled or released. We affirm the district court's ruling regarding the constitutionality of the requirements that a sample be provided and that the processing...

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