031997P.pdf   12/27/2004  John Clevenger  v.  R.E. Gartner et al.
   U.S. Court of Appeals Case No:  03-1997
   Western District of Missouri   
   Prisoner case - prisoner civil rights. At the time prison officials drew a 
   blood sample from plaintiff under Missouri's DNA Profiling Systems 
   statute which required samples from persons convicted of violent 
   offenses, plaintiff's crime - attempted murder in the first degree - was not 
   listed in the statute and was not a violent offense for the purposes of the 
   statute; however, even though the statute did not authorize the sample, 
   defendant is not entitled to relief, because the statute has now been 
   amended to require samples from all felons, a category into which 
   plaintiff undisputedly falls, and no equitable or injunctive relief could be 
   granted; individual defendants were entitled to qualified immunity as 
   their actions were taken in good faith and did not violate any clearly 
   established law. 
   [PUBLISHED] [Bright, Author, with M. Arnold and Fagg, Circuit Judges]