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Article • June 1, 2006 • from P&J June, 2006
Doe v. Pataki, No. 96 Civ. 1657(DC) (S.D.N.Y.) (427 F.Supp.2d 398) (April 12, 2006) (Judge Denny Chin) by Plaintiffs, a class of convicted sex offenders, sued defendants, the governor of New York, and other state officials, challenging New York's Sex Offender Registration Act (SORA). Seventeen months after the parties entered …
Article • May 1, 2005 • from P&J May, 2005
Doe v. Moore, No. 04-10279 (11th Cir.) (410 F.3d 1337) (June 6, 2005) (Judge Stanley F. Jr. Birch) by Here the Court rejected a broad series of constitutional challenges to Florida’s Sex Offender Registration/Notification statutes and its DNA Collection statutes, stating that any liberty interest rights they affected were not …
Article • April 1, 2005 • from P&J April, 2005
Doe v. Miller, No. 04-1568 (8th Cir.) (405 F.3d 700) (April 29, 2005) (Judge Steven M. Colloton) by The leper colonies are back! To deal with convicted sex offenders who are released from prison, a growing number of states have been seizing on a legislative fix that severely restricts the …
Article • December 1, 2004 • from P&J December, 2004
Doe v. Miller, No. 3:03-cv-90067 (S.D.Iowa) (298 F.Supp.2d 844) (February 9, 2004) (Judge Robert W. Pratt) by Plaintiffs, a class of sexual offenders, sued defendants, the Iowa Attorney General and all of Iowa's County Attorneys, asking the court to declare Iowa Code § 692A.2A (the Act) unconstitutional on a number …
Article • February 1, 2004 • from P&J February, 2004
Fullmer v. Michigan Dept. of State Police, No. 02-1731 (6th Cir.) (360 F.3d 579) (February 25, 2004) (Judge Martha Craig Daughtrey) by Here the Sixth Circuit reversed a district court ruling which had held a Michigan law requiring the registration of sex offenders was unconstitutional because it had the effect …
Article • February 1, 2004 • from P&J February, 2004
Gwinn v. Awmiller, No. 00-1485 (10th Cir.) (354 F.3d 1211) (January 12, 2004) (Judge Robert H. Henry) by Here the plaintiff pled guilty to robbery; and he was sentenced to 10 years in prison. As part of his plea agreement, a sexual assault charge was dismissed. After prison officials classified …
Article • February 1, 2003 • from P&J February, 2003
Smith v. Doe, No. 01-729 (U.S. Supreme Court) (538 U.S. 84; 123 S.Ct. 1140) (March 5, 2003) (Justice Kennedy) by Here by a vote of 6-to-3, the Court rejected a claim that the retroactive features of Alaska's Sex Offender Registration Act (a Megan’s law) violated the Ex Post Facto Clause …
Article • February 1, 2003 • from P&J February, 2003
Connecticut Dept. of Pub. Safety v. Doe, No. 01-1231 (U.S. Supreme Court) (538 U.S. 1; 123 S.Ct. 1160) (March 5, 2003) (Justice Rehnquist) by Here the Court unanimously rejected an argument that sex offenders have a due process right to an individualized hearing on their current dangerousness before information about …
Article • September 1, 2001 • from P&J September, 2001
Doe I v. Otte, No. 99-35845 (9th Cir.) (259 F.3d 979) (August 8, 2001) (Judge Stephen Reinhardt) by In this decision, the Ninth Circuit struck down Alaska’s version of “Megan’s Law” on narrow grounds, holding that a provision of the law requiring the posting of the sex offenders’ home and …
Article • March 1, 2001 • from P&J March, 2001
Doe v. Otte, No. 99-35845 (9th Cir.) (248 F.3d 832) (April 9, 2001) (Judge Stephen Reinhardt) by Here the Court held that Alaska’s version of Megan’s Law, requiring registration of convicted sex offenders, violated the Ex Post Facto Clause; and it reviewed some of the legal and social issues raised …
Article • January 1, 2000 • from P&J January, 2000
Paul P. v. Farmer, No. Civ. No. 97-2919 (D.N.J.) (92 F.Supp.2d 410) (January 24, 2000) (Judge Joseph E. Irenas) by As this decision shows, the battle over this country’s Megan-laws continues. The plaintiffs in this much litigated class action lawsuit are convicted sex offenders who are subject to the registration …
Article • December 1, 1999 • from P&J December, 1999
Kirby v. James, No. 98-6236 (11th Cir.) (195 F.3d 1285) (November 17, 1999) (Per Curiam) by In the instant case, the Eleventh Circuit held that attaching the label of “sex offender” to a prisoner who has never been convicted of a sexual offense is sufficiently stigmatizing as to trigger the …
Article • November 1, 1999 • from P&J November, 1999
Young v. Weston, No. 98-35377 (9th Cir.) (192 F.3d 870) (May 20, 1999) (Judge Harry Pregerson) by In its decision, the Court relied heavily on Kansas v. Hendricks, 521 U.S. 346 (1997) where the Supreme Court held that Kansas' involuntary commitment procedure for sexually violent predators did not violate substantive …
Article • November 1, 1999 • from P&J November, 1999
Cutshall v. Sundquist, No. 97-6276 (6th Cir.) (193 F.3d 467) (October 4, 1999) (Judge James L. Ryan) by In this case a divided Sixth Circuit held that the release of sex offender registry data does not implicate the Due Process Clause and it also rejected a broad range of other …
Article • May 1, 1999 • from P&J May, 1999
Paul P. v. Verniero, No. 97-5791 (3rd Cir.) (170 F.3d 396) (March 16, 1999) (Judge Dolores K. Sloviter) by Here the Third Circuit held that the registration and notification provisions of New Jersey's "Megan's Law" did not violate the sex offenders constitutionally protected privacy interests, stressing the public's interest in …
Article • August 1, 1998 • from P&J August, 1998
Doe v. Pataki, No. 96 CIV. 1657(DC) (S.D.N.Y.) (3 F.Supp.2d 456) (May 7, 1998) (Judge Denny Chin) by This is the sequel to the Second Circuit's earlier decision, reported at 120 F.3d 1263 (2nd Cir. 1997), where that Court held that neither the registration nor the community notification provisions of …
Article • July 1, 1998 • from P&J July, 1998
Roe v. Farwell, No. Civ.A. 97-10715-WGY (D.Mass.) (999 F.Supp. 174) (March 31, 1998) (Judge William G. Young) by This decision is noted because it contains a comprehensive review of prevailing judicial view that the sex offender registration and community notification laws, known as Megan's Laws, which have now been adopted …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Coenen, No. 97-30101 (5th Cir.) (135 F.3d 938) (February 18, 1998) (Judge Rhesa Hawkins Barksdale) by This case presents a dramatically graphic illustration of some of the by-products of the prevailing "Scarlet Letter" mentality that is beginning to take hold in America as we begin to accelerate our …
Article • January 1, 1998 • from P&J January, 1998
Neal v. Shimoda, No. 95-16564 (9th Cir.) (131 F.3d 818) (December 11, 1997) (Judge Thomas G. Nelson) by The plaintiff alleged sex offenders appealed the judgment of the District of Hawaii, which granted summary judgment to defendant prison administrators on plaintiffs' claims brought under 42 U.S.C. § 1983, alleging that …
Article • September 1, 1997 • from P&J September, 1997
Roe v. Office of Adult Probation, No. 96-9157, No. 1579 (2nd Cir.) (125 F.3d 47) (September 8, 1997) (Judge Jon O. Newman) by E.B. v. Verniero, 119 F.3d 1077 (3rd Cir. 1997) (Judge Stapleton) Doe v. Pataki, 120 F.3d 1263 (2nd Cir. 1997) (Judge Newman) Roe v. Office of Adult …
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