Case: Beleno v. Texas Department of State Health Services

[This summary is temporary while we research the case]. On January 10, 2009, parents of children born in Texas filed this class action lawsuit in the Western District of Texas against the Texas Department of State Health Services and its Commissioner. Plaintiffs alleged that since 2002, defendants have unlawfully collected or "seized" blood samples taken from all babies in Texas at the time of birth and have unlawfully stored these blood samples indefinitely for undisclosed purposes -- all without the knowledge or consent of the parents. Plaintiffs sought declaratory and injunctive relief on their behalf and on behalf of others similarly situated for alleged deprivations of liberty and privacy rights, and rights to be free from unreasonable searches and seizures in violation of the Fourth and Fourteenth Amendments to the United States Constitution. They also asserted violations of search and seizure rights arising from Article I, Section 9 of the Texas Constitution and Texas common law. Plaintiffs sought declaratory and injunctive relief, and attorneys' fees.