Johnson v. Superintendent (N.Y. 2020)

Johnson v. Superintendent, No. 2020 NY Slip Op 6934 (N.Y. 2020)

Nature of Case: Appellants were individuals imprisoned for sex offenses in New York state and would have otherwise been released on post-release supervision but for the applicability of state law that rendered large portions of available housing unlawful for them. Because they could not obtain lawful housing, they were kept confined in correctional facilities. Appellants brought writs of habeas corpus challenging their confinement and alleging various constitutional violations, including Due Process and 8th Amendment violations. The trial and intermediate appellate courts found no constitutional violation and the state Court of Appeals accepted review.

Holding: New York Court of Appeals affirmed the findings of the lower courts with respect to the constitutional issues.

Denial of Certiorari & Statement by Justice Sotomayor: A subsequent petition for writ of certiorari was denied by the United States Supreme Court under the caption Ortiz v. Breslin, 142 S. Ct. 914 (2022).  The denial of certiorari was accompanied by a statement by Justice Sotomayor respecting the denial which emphasized that although the petition did not satisfy the Court’s criteria for granting certiorari, New York’s residential restrictions raise serious constitutional concerns.  In that statement Justice Sotomayor noted “[i]n effect, New York’s policy requires indefinite incarceration for some indigent people judged to be sex offenders.” Id. Justice Sotomayor’s statement also references a growing body of research finding that residency restrictions are often ineffective and counterproductive, leading to homelessness, unemployment, and isolation. Id. (citing, inter alia, B. Huebner et al., The Effect and Implications of Sex Offender Residence Restrictions: Evidence From a Two-State Evaluation, 13 C. & Pub. Pol’y 139, 156 (2016); P. Zandbergen, J. Levenson, & T. Hart, Residential Proximity to Schools and Daycares: An Empirical Analysis of Sex Offense Recidivism, 37 Crim. Justice & Behavior 482, 498 (2010); and A. Frankel, Pushed Out and Locked In: The Catch-22 for New York’s Disabled, Homeless Sex-Offender Registrants, 129 Yale L. J. Forum 279 (2019)).