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HASKELL v. BROWN

No. C 09-04779 CRB.

677 F.Supp.2d 1187 (2009)

Elizabeth A. HASKELL and Reginald Ento, Plaintiffs, v. Edmund G. BROWN Jr., et al., Defendants.

United States District Court, N.D. California.

December 23, 2009.

Attorney(s) appearing for the Case

Michael Temple Risher, ACLU Foundation of Northern California, Inc., Peter Clarence Meier, Eric Andrew Long, Katharine Chao, Sarah O. Chang, Paul, Hastings, Janofsky & Walker LLP, San Francisco, CA, for Plaintiffs.

Daniel J. Powell, Department of Justice, Attorney General's Office, Sherri Sokeland Kaiser, Office of the City Attorney, San Francisco, CA, for Defendants.

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

CHARLES R. BREYER, District Judge.

Plaintiffs seek to enjoin the enforcement of California Penal Code § 296(a)(2)(C), which provides for the mandatory DNA sampling of felony arrestees in the State of California. Plaintiffs allege that this section violates both the Fourth and Fourteenth Amendments. Although Plaintiffs argue convincingly that arrestees have greater privacy interests than convicted felons...

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