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JOHN C. MAYFIELD III AND JOSEPH VLACOVSKY individually and in behalf of all others similarly situated Plaintiffs
vs.
OHN H. DALTON Secretary of The Navy; GENERAL CARL E. MUNDY JR. Commandant United States Marine Corps; LIEUTENANT GENERAL CHARLES C. KRULAK Commanding General Marine Forces Pacific; BRIGADIER GENERAL RICHARD F. VERCAUTEREN Commanding Officer Marine Corps Base Hawaii; LIEUTENANT COLONEL RICHARD MONREAL Commanding Officer 1st Radio Battalion Marine Forces Pacific; MAJOR VAUGHN P. FOX Commanding Officer B Company 1st Radio Battalion Marine Forces Pacific; and JOHN DOES 1-25 Defendants.
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Issues:
DNA sampling, U.S. Marines, policy and procedure, Fourth Amendment.
Case Summary:
John Mayfield and Joseph Vlacovsky, members of the U.S. Marine Corps, petition the court to block a Marine Corps effort to collect DNA samples from active duty personnel. The samples are to be stored and used to identify the remains of individuals killed in action. The two Marines contend the program violates their Fourth Amendment rights. They file a motion for summary judgment and a motion to certify class. The Marine Corps responds with a motion for summary judgment.
Decision of lower jurisdiction:
This is the first judicial review of this case.
Outcome:
Mayfield and Vlacovsky lose. The U.S. District Court for the District of Hawaii granted the Marine Corps' motion for summary judgment. The court rejected the plaintiffs motion to certify class and ruled the policy did not violate constitutional protections.