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Velasquez v. Woods

United States Court of Appeals, Fifth Circuit
May 8, 2003
329 F.3d 420 (5th Cir. 2003)

Summary

holding that the collection of DNA samples from felons does not violate the Fourth Amendment

Summary of this case from Pollard v. State

Opinion

No. 02-11251 Summary Calendar.

May 8, 2003.

Thelonious Velasquez, Huntsville, TX, pro se.

Appeal from the United States District Court for the Northern District of Texas.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.


Thelonious Velasquez filed a civil rights action challenging the collection of a DNA sample by prison officials for registration in a DNA database pursuant to TEX. GOVT. CODE § 411.148. Velasquez contended that the determination that he fell within the scope of the statute was based upon erroneous information in his prison records. Velasquez contended that the refusal by the defendants to correct his records had resulted in the denial of his release on parole. Velasquez sought damages and injunctive relief, including the deletion of his DNA sample from the state database.

Velasquez consented to entry of judgment by the magistrate judge. The magistrate judge concluded that Velasquez had failed to allege a violation of a constitutional right. The magistrate judge dismissed the civil rights complaint as frivolous pursuant to 28 U.S.C. §§ 1915A 1915(e)(2), and 42 U.S.C. § 1997e(c)(1). The magistrate judge dismissed any habeas claims asserted in the complaint without prejudice. Velasquez gave timely notice of his appeal.

We review the magistrate judge's dismissal of a complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) for an abuse of discretion. See Harper v. Showers, 174 F.3d 716, 718 n. 3 (5th Cir. 1999). The standard of review of dismissals under 28 U.S.C. § 1915A and 42 U.S.C. § 1997e(c)(1) is de novo. See Ruiz v. United States, 160 F.3d 273, 275 (5th Cir. 1998). Because the magistrate judge referred to all three statutes in dismissing Velasquez' claims, we review the issues raised on appeal de novo.

Velasquez contends that the compelled collection of a DNA sample from him pursuant to state statute violated his rights under the Fourth Amendment. Every circuit court to consider this issue has held that the collection of DNA samples from felons pursuant to similar statutes does not violate the Fourth Amendment. See Shaffer v. Saffle, 148 F.3d 1180, 1181 (10th Cir. 1998) ("while obtaining DNA samples implicates Fourth Amendment concerns, it is reasonable in light of an inmate's diminished privacy rights, the minimal intrusion involved, and the legitimate government interest in using DNA to investigate and prosecute crimes"); Rise v. Oregon, 59 F.3d 1556, 1559-62 (9th Cir. 1995) (same); Jones v. Murray, 962 F.2d 302, 306-08 (4th Cir. 1992) (same); see also Roe v. Marcotte, 193 F.3d 72, 78-82 (2d Cir. 1999) (compelled DNA testing valid under "special needs" exception to warrant requirement). In light of these persuasive authorities, we hold that the magistrate judge did not err in dismissing this claim as frivolous.

Velasquez contends also that the defendants violated his right to due process by refusing to expunge false information from his prison record. The magistrate judge did not err in concluding that this claim does not involve a violation of a constitutional right. See Johnson v. Rodriguez, 110 F.3d 299, 308 n. 13 (5th Cir. 1997). The judgment is

AFFIRMED.


Summaries of

Velasquez v. Woods

United States Court of Appeals, Fifth Circuit
May 8, 2003
329 F.3d 420 (5th Cir. 2003)

holding that the collection of DNA samples from felons does not violate the Fourth Amendment

Summary of this case from Pollard v. State

holding that the collection of DNA samples from felons does not violate the Fourth Amendment

Summary of this case from Pollard v. State

holding that the collection of DNA samples from felons does not violate the Fourth Amendment

Summary of this case from Pollard v. State

upholding dismissal as frivolous of prisoner's complaint about collection of DNA sample from plaintiff

Summary of this case from Beshere v. Peralta

upholding dismissal as frivolous of prisoner's complaint about collection of DNA sample from him

Summary of this case from Kennedy v. Bexar Cnty.

upholding dismissal as frivolous of prisoner's complaint about collection of DNA sample from him

Summary of this case from Rodarte v. Beneficial Tex. Inc.

upholding dismissal as frivolous of prisoner's complaint about collection of DNA sample from plaintiff

Summary of this case from Aguiar v. Whiteley

upholding dismissal as frivolous of prisoner's complaint about collection of DNA sample from plaintiff

Summary of this case from Rodriguez v. Bexar Cnty. Hosp. Dist.

upholding dismissal as frivolous of prisoner's complaint about collection of DNA sample from plaintiff

Summary of this case from Calderon v. Bandera Cnty.

upholding Texas DNA collection statute

Summary of this case from Vore v. United States Department of Justice

upholding the Texas DNA collection law

Summary of this case from State v. Raines

rejecting plaintiff's due process claim that he had been improperly registered in a state DNA database and tested based on erroneous information in his prison record

Summary of this case from Heilman v. Wasko

In Velasquez, 329 F.3d at 421, we noted that, at the time of that decision, every circuit court to consider the issue of DNA collection from inmates under similar statutes had found that they did not violate the Fourth Amendment.

Summary of this case from Groceman v. U.S. Dept. of Justice

In Velasquez, we accepted the reasoning that although collection of DNA samples from prisoners implicates Fourth Amendment concerns, such collections are reasonable in light of an inmate's diminished privacy rights, the minimal intrusion involved, and the legitimate government interest in using DNA to investigate crime.Id. at 421.

Summary of this case from Groceman v. U.S. Dept. of Justice

relying in part on Rise to affirm the dismissal, as frivolous, of a Fourth Amendment challenge to Texas DNA collection statute

Summary of this case from U.S. v. Kincade

following Shaffer, Rise, and Jones, applying balancing test, as well as Second Circuit case applying special needs analysis

Summary of this case from In re D.L.C
Case details for

Velasquez v. Woods

Case Details

Full title:Thelonious VELASQUEZ, Plaintiff-Appellant, v. S.O. WOODS, Chairman of…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 8, 2003

Citations

329 F.3d 420 (5th Cir. 2003)

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