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151897P.pdf 08/08/2016 William Carter v. Kenny Huterson
U.S. Court of Appeals Case No: 15-1897
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Gruender, Author, with Smith and Benton, Circuit Judges]
Civil Case - civil rights. We need not determine whether forcible
collection of blood sample from a civilly committed sexually violent
predator to produce a DNA profile without first demonstrating
individualized suspicion of criminal wrongdoing and a search warrant
violates the Fourth Amendment because defendants are entitled to qualified
immunity. Defendants could have reasonably concluded that civilly
committed persons may be treated like pretrial detainees. Collection of
blood sample is a minimally intrusive mechanism for obtaining information
from individuals in state custody. Law was not clearly established at the
time these event took place. District court did not err in ruling he
failed to allege sufficient facts to state a claim that force was
excessive in light of his resistance.