CARSON CITY (AP) a" A federal court will not reconsider its ruling that the constitutional rights of a man arrested in Las Vegas were violated when police forcibly got a DNA sample from him.
The 9th U.S. Circuit Court of Appeals in June overturned a ruling by U.S. District Judge James Mahan. Mahan had dismissed a civil suit brought by Kenneth Friedman, who is now serving a life term in prison.
The court said a Las Vegas police detective, with the approval of a deputy district attorney but without a warrant or court order, aforcefully extracteda a DNA sample from Friedman.
On Tuesday the court voted 2-1 not to rehear the case. Civil suit proceedings will now continue in Las Vegas.
The DNA sample was taken from Friedman after he was arrested in February 2003 and charged with indecent exposure and lewd conduct.