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HASKELL v. HARRIS

No. 10-15152.

745 F.3d 1269 (2014)

Elizabeth Aida HASKELL; Reginald Ento; Jeffrey Patrick Lyons, Jr.; Aakash Desai, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. Kamala D. HARRIS, Attorney General; Eva Steinberger, Assistant Bureau Chief for DNA Programs, California Department of Justice, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2014.

Attorney(s) appearing for the Case

Peter C. Meier , Paul Hastings LLP, Michael T. Risher , American Civil Liberties Union Foundation of Northern California, Inc., San Francisco, CA (argued), for Plaintiffs-Appellants.

Kamala D. Harris , Attorney General, Douglas J. Woods , Senior Assistant Attorney General, Tamar Pachter , Supervising Deputy Attorney General, Enid A. Camps , Deputy Attorney General (argued), Daniel J. Powell , Deputy Attorney General, San Francisco, CA, for Defendants-Appellees.

Before: ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, M. MARGARET McKEOWN, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD A. PAEZ, RICHARD C. TALLMAN, JOHNNIE B. RAWLINSON, MILAN D. SMITH, JR., N. RANDY SMITH and PAUL J. WATFORD, Circuit Judges.

OPINION

PER CURIAM:

California law requires that all persons arrested for or charged with any felony or attempted felony submit DNA samples for inclusion in law enforcement databases. Cal.Penal Code § 296(a)(2), (4). Plaintiffs brought a class action under 42 U.S.C. § 1983, alleging that the law is unconstitutional on its face and as applied to the certified class, which includes "[a]ll persons who are, or will be, compelled to submit to the search...

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