952 N.E.2d 400
Mass. App. Ct.2011Background
- Worthington murder on January 6, 2002; Amato provided a voluntary DNA sample under promises of limited use and destruction if no match; authorities retained the sample and related records despite promises; McCowen’s matching profile led to later criminal proceedings; Amato sought records destruction and regulatory guidance through civil action; district attorney disclosed custody and non-entry into CODIS but retained records; court reversed dismissal and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FIFA violations state a claim for equitable relief | Amato plausibly alleged excessive data retention. | Retention complies with statutory goals and is reasonable. | Plaintiff may pursue equitable relief under FIFA. |
| Whether retention of Amato’s DNA data constitutes invasion of privacy | Retention and availability of DNA data infringes privacy rights. | Retention is lawful under ongoing investigations and statutory schemes. | Plaintiff stated a G. L. c. 214, § IB claim sufficient for equitable relief. |
| Whether there is a breach of contract binding the defendants to the detective’s promises | Detective had authority to limit use and retention; promises are binding. | Promissory statements by a detective do not bind the defendants. | Amato adequately stated a breach of contract claim. |
Key Cases Cited
- Jansen v. Commonwealth, 444 Mass. 112 (Mass. 2005) (privacy expectations in DNA search context)
- Commonwealth v. Cabral, 69 Mass. App. Ct. 68 (Mass. App. Ct. 2007) (privacy expectations and DNA evidence considerations)
- Horsemen’s Benevolent & Protective Assn. v. State Racing Comm., 403 Mass. 692 (Mass. 1989) (privacy expectations; urinalysis analogy and balancing factors)
- Guiney v. Police Commr. of Boston, 411 Mass. 328 (Mass. 1991) (privacy rights and consent principles in search contexts)
- Landry v. Attorney Gen., 429 Mass. 336 (Mass. 1999) (DNA database privacy concerns and deletion/retention issues)
- Doe v. District Attorney for the Plymouth Dist., 29 Mass. App. Ct. 671 (Mass. App. Ct. 1991) (plea-bargain/promises and binding effect in public pledges)
- Commonwealth v. McCowen, 458 Mass. 461 (Mass. 2010) (direct-review status affecting appeal mootness and evidence handling)