CA7: QI for testing HIV sample for Hep C, too; no cause of action for violating prison policy

Plaintiff is a prisoner who bloodied a guard. He consented to a blood draw to be tested for HIV, but they also tested for Hep C. He sued over the latter. They get qualified immunity. There’s no clearly established law that this test was unreasonable once they already had his blood. “Finally, Harris contends that the district court wrongly entered judgment for the defendants because their violation of the Department of Corrections’ blood test policy creates an independent federal cause of action. Harris is mistaken, however, as a violation of a state policy by itself does not give rise to a constitutional claim. See Tucker v. City of Chi., 907 F.3d 487, 494 (7th Cir. 2018).” Harris v. Manlove, 2020 U.S. App. LEXIS 10431 (7th Cir. Apr. 2, 2020).*

Defendant made a sufficient showing that his consent to the BAC test was not voluntary. Remanded for a full hearing on voluntariness. Melton v. State, 2020 Ga. App. LEXIS 227 (Apr. 2, 2020).*