John Gilbert v. Howard A. Peters Iii, 55 F.3d 237 (7th Cir. 1995). · Go Syfert
John Gilbert v. Howard A. Peters Iii, 55 F.3d 237 (7th Cir. 1995). Cases Citing This Book View Copy Cite
74 citation events (54 in the last 25 years) across 25 distinct courts.
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Cited for
At page 238 Determining if blood specimen statute violates ex post facto clause26 citing casesstating that "[b]oth federal and state courts uniformly [conclude] that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature" and that "blood [samples are] taken and analyzed for the sole purpose of establishing a data bank which will aid futur…2 citing courts put it this way · 20 listed here
  • Davis v. Sec'y, Dep't of Corr.(Sarasota), No. 8:21-cv-01517 (M.D. Fla. Apr. 22, 2024).
    (Both federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature.)
  • Chatman v. Jeffreys, No. 1:22-cv-01314 (C.D. Ill. Feb. 14, 2023).
    Gilbert v. Peters, 55 F.3d 237, 238 (7th Cir. 1995) (citing Trop v. Dulles, 356 U.S. 86, 96 (1958)).
  • Griffin v. Padula, 518 F. Supp. 2d 680 (D.S.C. 2007).published
    See Shaffer v. Saffle, 148 F.3d 1180, 1182 (10th Cir.1998) (Oklahoma DNA statute has “legitimate, non-penal legislative purpose”); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995) (“Both federal and state courts have uniformly conclud…
  • United States v. George C. Hook, 471 F.3d 766 (7th Cir. 2006).published 4 cites
    Gilbert v. Peters, 55 F.3d 237, 238 (7th Cir. 1995) (citing Trop v. Dulles, 356 U.S. 86, 96 (1958)).
  • Robert Westefer, Mark Vonperbandt, Allejandro Villazana v. Donald Snyder, Odie Washington, Michael v. Neal, 422 F.3d 570 (7th Cir. 2005).published 2 cites
    “As Collins [v. Youngblood, 497 U.S. 37 (1990)] and subsequent cases make clear, the Ex Post Facto Clause does not prohibit every alteration in a prisoner’s confinement that may work to his disadvantage.” Gilbert v. Peters, 55 F.3d 237, 23…
  • in the Matter of R.W.W., No. 02-02-00170-CV (Tex. App.—Fort Worth Dec. 18, 2003).published
    See Shaffer v. Saffle , 148 F.3d 1180 , 1182 (10th Cir. ), cert. denied , 525 U.S. 1005 (1998); Rise v. Oregon , 59 F.3d 1556, 1562 (9th Cir. 1995), cert. denied , 517 U.S. 1160 (1996); Gilbert v. Peters , 55 F.3d 237, 238-39 (7th Cir. 199…
  • In re D.L.C., 124 S.W.3d 354 (Tex. App.—Fort Worth 2003).published 2 cites
    See Shaffer v. Saffle, 148 F.3d 1180, 1182 (10th Cir.), cert. denied, 525 U.S. 1005 , 119 S.Ct. 520 , 142 L.Ed.2d 431 (1998); Rise v. Oregon, 59 F.3d 1556, 1562 (9th Cir.1995), ce rt. denied, 517 U.S. 1160 , 116 S.Ct. 1554 , 134 L.Ed.2d 65…
  • Kellogg v. Travis, 796 N.E.2d 467 (N.Y. 2003).published
    Because the purpose of the DNA identification index is to aid in investigation, and not to punish, the retroactive application of the amendment comports with the Ex Post Facto Clause (see Shaffer v Saffle, 148 F3d 1180 , 1182 [10th Cir 199…
  • Robin O'grady v. Vill. of Libertyville, 304 F.3d 719 (7th Cir. 2002).published 2 cites
    See Bae v. Shalala, 44 F.3d 489, 492-94 (7th Cir. 1995); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir. 1995).
  • United States v. Reynard, 220 F. Supp. 2d 1142 (S.D. Cal. 2002).published
    Shaffer v. Saffle, 148 F.3d 1180, 1182 (10th Cir.1998) (Oklahoma DNA statute has “legitimate, non-penal legislative purpose”); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995) ("Both federal and state courts have uniformly concluded t…
Show 10 more citing cases
  • Global Relief Found., Inc. v. O'NEILL, 207 F. Supp. 2d 779 (N.D. Ill. 2002).published
    (Although ‘criteria for determining whether or not legislation is punitive have yet to be fully developed,’ one significant factor for consideration is the legislation’s purpose.)
  • Shaffer v. Saffle, 148 F.3d 1180 (10th Cir. 1998).published 2 cites
    See Rise v. State of Oregon, 59 F.3d 1556, 1562 (9th Cir.1995); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995).
  • Cooper v. Gammon, 943 S.W.2d 699 (Mo. Ct. App. 1997).published
    “Both federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature.” Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995).
  • In re the Appeal in Maricopa Cnty. Juv. Action Nos. JV-512600 & JV-512797, 930 P.2d 496 (Ariz. Ct. App. 1996).published
    Accord Rise v. Oregon, 59 F.3d 1556, 1562 (9th Cir.1995), ce rt. denied, — U.S. —, 116 S.Ct. 1554 , 134 L.Ed.2d 656 (1996); Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995); Jones v. Murray, 962 F.2d 302, 309 (4th Cir.), cert. denied,…
  • Morrow v. State, 914 So. 2d 1085 (Fla. 4th DCA 2005).published
    (stating that "[b]oth federal and state courts uniformly [conclude] that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature" and that "blood [samples are] taken an…)
  • In re Name Change Petition of Suber, 675 So. 2d 1021 (Fla. 1st DCA 1996).published
    (upholding statute requiring all incarcerated sex offenders to submit blood specimens to Department of State Police prior to final discharge, parole, or release, because “Reasonable prison regulations are not frozen at t…)
  • United States v. Coccia, 598 F.3d 293 (6th Cir. 2010).published 2 cites
    Hook, 471 F.3d at 776 (citing Jones v. Murray, 962 F.2d 302, 306 (4th Cir.1992)); see also Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995) (“Both federal and state courts have uniformly concluded that statutes which authorize collect…
  • Johnson v. Pennsylvania Bd. of Prob. & Parole, 163 F. App'x 159 (3d Cir. 2006).unpublished
    See, e.g., Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir.1995) (stating that “[b]oth federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in…
  • Esnault v. Burnett, 83 F. App'x 279 (10th Cir. 2003).unpublished
    (general DNA law requiring blood samples from prisoners are not penal in nature and do not violate ex post facto clause)
  • State v. Norman, 2003 ND 66, 660 N.W.2d 549.published 2 cites
    See, e.g., Gilbert v. Peters, 55 F.3d 237, 238-39 (7th Cir.1995); Ewell v. Murray, 11 F.3d 482, 486 (4th Cir.1993); Jones v. Murray, 962 F.2d 302, 309 (4th Cir.1992); United States v. Reynard, 220 F.Supp.2d 1142, 1162 (S.D.Cal.2002); Kruge…
At page 239 Determining if blood collection statutes are penal under ex post facto clause12 citing cases“both federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature.”3 citing courts quote it · 9 listed here
  • D.B. v. State, 861 So. 2d 4 (Ala. Crim. App. 2003).published 4 cites
    If the person is serving any sentence of probation and refuses to submit to the test, "... the sentencing court shall order such submission as a mandatory condition of probation." Again, in subsection (d), the language indicates that the i…
  • Kindred v. Vannatta, 21 F. App'x 461 (7th Cir. 2001).unpublished
    Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir.1995).
  • Sean Hadley v. Edwin G. Buss, 385 F. App'x 600 (7th Cir. 2010).unpublished 2 cites
    See Gilbert v. Peters, 55 F. 3d 237, 239 (7th Cir. 1995).
  • State v. Iowa Dist. Court for Henry Cnty., 759 N.W.2d 793 (Iowa 2009).published 2 cites
    See Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir. 1995); Jones v. Murray, 962 F.2d 302, 309 (4th Cir. 1992).
  • People v. Espana, 137 Cal. App. 4th 549 (Cal. Ct. App. 2006).published
    (following Doe v. Gainer, supra, 642 N.E.2d at p. 116)
  • Dial v. Vaughn, 733 A.2d 1 (Pa. Commw. Ct. 1999).published 4 cites
    See Gilbert v. Peters, 55 F.3d 237, 239 (7th Cir.1995).
  • United States v. Michael Reese, 71 F.3d 582 (6th Cir. 1995).published
    (Illinois statute requiring incarcerated sex offenders to submit blood samples before final discharge, parole or release not violative of Ex Post Facto Clause)
  • Johnson v. Pennsylvania Bd. of Prob. & Parole, 163 F. App'x 159 (3d Cir. 2006).unpublished
    (stating that “[b]oth federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature)
  • Grant v. Goord, 155 F. App'x 551 (2d Cir. 2005).unpublished
    (Disciplinary measures imposed on inmates for failing to obey orders ... do not violate the Ex Post Facto Clause.)
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
John GILBERT and Leroy Pughsley, Plaintiffs-Appellants,
v.
Howard A. PETERS III, Odie Washington, John Zeund, Et Al., Defendants-Appellees
94-2847, 94-2848.
Court of Appeals for the Seventh Circuit.
May 8, 1995.
Published opinion
55 F.3d 237
1995 U.S. App. LEXIS 10209
John H. Vogt (argued), Beckmire, Garrity & Vogt, Freeport, IL, for plaintiffs-appellants., Jan E. Hughes, Asst. Atty. Gen. (argued), Office of the Atty. Gen., Civ. Appeals Div. and David S. Rodriguez, Office of the Atty. Gen., Chicago, IL, for defendants-appellees.
Cummings, Kanne, Walter.
Cited by 54 opinions  |  Published
CUMMINGS, Circuit Judge.

Plaintiffs, two individuals serving time for sexual offenses in the Illinois prison system, filed 42 U.S.C. § 1983 challenges to Section 5-4-3 of the Illinois Unified Code of Corrections. This statute, which took effect in July 1990, requires all persons incarcerated for sexual offenses to submit blood specimens to the Illinois Department of State Police prior to final discharge, parole, or release. 730 ILCS 5/5^1 — 3(c). Plaintiffs complain that the statute violated a number of their constitutional rights; on appeal we consider only one claim, that the statute violates the Ex Post Facto Clause.

BACKGROUND

The Illinois statute at issue provides in relevant part that any person “convicted of a sexual offense * * * before the effective date of this * * * Act * * * [who] is presently confined as a result of such conviction” must provide a blood specimen to the Illinois Department of State Police. 730 ILCS 5/5-4-3(a)(3). The statute subsequently prescribes that individuals covered by subsection (a)(3) are “required to provide such samples prior to final discharge, parole, or release * * 730 ILCS 5/5 — 4—3(c). Blood samples are to be sent to the state police for analysis and categorization into genetic marker groupings, which will then be made available to law enforcement officers. 730 ILCS 5/5-4-3(d), (f).

Pursuant to this statute, officials at the Dixon Correctional Center required plaintiffs Gilbert and Pughsley to provide blood samples. Gilbert, who was convicted of rape and sexual assault in 1981, acquiesced after being threatened with loss of his good time credits and other disciplinary sanctions if he refused to comply. [1] Pughsley, who was also incarcerated in 1981 for attempted rape, refused to provide a blood sample upon request. Both men separately filed suit, charging state and federal law violations of privacy, search and seizure, and equal protection. The district court consolidated the two cases and dismissed them with prejudice. Mem. Op. June 28, 1994, reprinted in Pl.Br.App. In bringing this appeal, plaintiffs challenge only the district court’s determination that the statute does not violate the Ex Post Facto Clause of the United States Constitution, Art. I, § 10, which prohibits states from “retroactively altering] the definition of crimes or increas[ing] the punishment for criminal acts.” Collins v. Youngblood, 497 U.S. 37, 43, 110 S.Ct. 2715, 2719, 111 L.Ed.2d 30.

ANALYSIS

As Collins and subsequent cases make clear, the Ex Post Facto Clause does not prohibit every alteration in a prisoner’s confinement that may work to his disadvantage. See Ewell v. Murray, 11 F.3d 482, 485 (4th Cir.1993) (“[r]easonable prison regulations are not frozen at the time of each inmate’s conduct, but rather, they may be subject to reasonable amendments”), certiorari denied, — U.S. -, 114 S.Ct. 2112, 128 L.Ed.2d 671. Only measures which are both retroactive and punitive fall within the purview of the clause. Collins, 497 U.S. at 51, 110 S.Ct. at 2723-24.

Initially, we examine whether the DNA statute may fairly be considered punitive. Although “criteria for determining whether or not legislation is punitive have yet to be fully developed,” P1eople v. McVickers, 4 Cal.4th 81, 13 Cal.Rptr.2d 850, 852, 840 P.2d 955, 957 (1992), one significant factor for consideration is the legislation’s purpose. Prop v. Dulles, 356 U.S. 86, 96, 78 S.Ct. 590, 595-96, 2 L.Ed.2d 630, quoted in McVickers, 13 Cal.Rptr.2d at 853, 840 P.2d at 958. Both[*239] federal and state courts have uniformly concluded that statutes which authorize collection of blood specimens to assist in law enforcement are not penal in nature. Rather, “the blood sample is taken and analyzed for the sole purpose of establishing a data bank which will aid future law enforcement.” Jones v. Murray, 962 F.2d 302, 309 (4th Cir.1992) (interpreting similar statute), certiorari denied, — U.S.-, 113 S.Ct. 472, 121 L.Ed.2d 378; see also Kruger v. Erickson, 875 F.Supp. 583, 589 (D.Minn.1995) (interpreting a similar statute as “not penal in nature. Its purpose is to create a DNA database for law enforcement purposes”); McVickers, 13 Cal.Rptr.2d at 854, 840 P.2d at 959 (blood collection statute has legitimate, non-penal legislative purpose). The blood specimen statute thus does not run afoul of the Ex Post Facto Clause.

Plaintiffs contend that regardless of whether blood sample collection is itself an acceptable retroactive practice, the Illinois statute is unconstitutional because it creates the danger that inmates will be punished for refusing to comply. Section 5/5-4-3(i) authorizes court orders for non-compliant individuals and provides that violators will be held in contempt of court; both plaintiffs’ experiences, moreover, indicate that those who refuse to submit to blood testing also face internal administrative sanctions, such as loss of “good time.” The district court, acknowledging this possibility, noted that any sanctions would result from an inmate’s refusal to comply with valid prison regulations rather than from the commission of the crime for which he was sentenced. Mem.Op. at 21, reprinted in Pl.Br.App. As the Fourth Circuit stated in Jones:

[A]s in the case regarding any prison regulation, violators can be administratively punished for their failure to provide samples. The Ex Post Facto clause does not prevent prison administrators from adopting and enforcing reasonable regulations that are consistent with good prison administration. ... [CJhanges in conditions of confinement ... and denials of privileges — matters which every prisoner can anticipate are contemplated by his original admission to prison — are necessarily functions of prison management.

Jones, 962 F.2d at 309 (internal quotation omitted). Disciplinary measures imposed on inmates for failing to obey orders also do not violate the Ex Post Facto Clause. Kruger, 875 F.Supp. at 589 n. 7.

Finally, plaintiffs suggest that under the terms of the statute, which provides that blood samples are to be collected “prior to final discharge, parole, or release,” they are subject to being held in prison past then-release date. The Illinois Supreme Court’s recent decision in Doe v. Gainer, 162 Ill.2d 15, 204 Ill.Dec. 652, 642 N.E.2d 114 (1994), certiorari denied, — U.S. -, 115 S.Ct. 1139, 130 L.Ed.2d 1099, interpreting this language as a timing mechanism rather than an enforcement provision (in other words, requiring an inmate to submit a blood specimen while still in prison rather than after his release), is binding on this Court and forecloses plaintiffs’ argument. The district court’s dismissal of plaintiffs’ complaints is affirmed.

1

. Gilbert also contends that he unsuccessfully attempted to withdraw his blood sample.