In a 42 U.S.C. section 1983 action alleging the unlawful taking of a DNA sample, the dismissal of the action on qualified immunity grounds is reversed, where the forcible taking of the DNA sample under these circumstances violated Plaintiff's clearly established Fourth Amendment rights.
Argued and Submitted October 19, 2007
Filed June 23, 2009
Opinion by Judge Thomas
Dissent by Judge Callahan