Prynne v. Settle (4th Cir. 2021)

Prynne v. Northam et al, No. 19-cv–00329 (E.D. Va. 2019)

Nature of Case: Plaintiff brought a federal § 1983 civil rights action, alleging violations of her state and federal constitutional Ex Post Facto and Due Process rights. Plaintiff had been convicted of a sexual offense when she was 21 years old, and prior to the enactment of Virginia’s sex offense registry. In the years subsequent, the VSOR went through a number of amendments making requirements imposed on Plaintiff more burdensome, listing her as a “violent” sex offender, and adding a number of other restrictions. Defendants moved to dismiss. United States District Court for the Eastern District of Virginia granted Defendant’s Motion to Dismiss. The provisions of VSOR which are punitive do not apply retroactively, and therefore do not implicate Ex Post Facto analysis and those provisions which do apply retroactively are civil and non-punitive in nature. Furthermore, Plaintiff’s Due Process rights in relation to her right to travel are not infringed, and otherwise Plaintiff has not yet suffered an injury related to right to parent. Plaintiff appealed.

Holding: 4th Circuit Court of Appeals reversed in part, holding that Plaintiff pleaded a violation of the Ex Post Facto clause and thus the trial court erred in dismissing those claims. The Court affirmed in other respects.