McGuire v. Strange, 83 F.Supp.3d 1231 (M.D. Ala. 2015)
Nature of Case: Individual required to register under Alabama law filed lawsuit challenging state registration scheme on several different theories of unconstitutionality, inter alia, that its provisions violated the Ex Post Facto clause.
Holding: Following bench trial, district court held that provisions of Alabama law that required dual, weekly, in-person registration of homeless registrants, as well as dual application for travel permits were so punitive in effect as to overcome legislature’s stated non-punitive intent. Thus, application of the provisions violated federal constitutional guarantees against ex post facto legislation.
[Ed. Note: parties have cross-appealed the district court’s opinion, and that the appeal is pending in the Eleventh Circuit Court of Appeals.]
- District Court Opinion | view via Google Scholar
- Plaintiff-Appellant’s Brief
- Appellee Cross-Appellant’s Brief
- Appellant’s Reply Brief
- Reply Brief of Appellee Cross-Appellant