Gay’s Suit Against Police Kept Alive
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WASHINGTON — The Supreme Court today refused to kill the civil rights lawsuit of a homosexual man ordered to give a blood sample after he bit two San Diego police officers.
The court, without comment, let stand a ruling that said a jury should decide, among other things, whether Brian Barlow’s rights were violated when his blood sample was taken without a court warrant.
Barlow marched in a gay pride parade in San Diego on June 7, 1986.
Barlow was taken into custody after an encounter with police.
During an altercation, Barlow bit officers George Ground and Raymond Shay hard enough to draw blood.
Barlow refused to give a blood sample so it could be tested for the AIDS virus. He was taken to a police station where a blood sample was obtained without his consent and without a court warrant.
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