Does #1-9 v. Lee (M.D. Tenn. 2021)

Does #1-9 v. Lee,

Nos. 21-00590; 21-00593; 21-00594; 21-00595; 21-00596; 21-00597; 21-00598; 21-00624; 21-00671

(M.D. Tenn. 2021)

Nature of Case: Plaintiffs in these nine consolidated cases sought a preliminary injunction preventing the enforcement of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Monitoring Act, against them. The plaintiffs in these consolidated cases are individuals who have been placed on Tennessee’s registry and subject to its requirements despite the fact that when they committed their offenses, the registration scheme did not exist.  Plaintiffs argue that such application violates the constitutional prohibition against ex post facto punishment.

Holding: The District Court granted plaintiffs’ joint motion for injunction as to Does #1-8 and denied the motion with respect to Doe #9, without prejudice to the court’s reconsideration of that denial when a pending motion to dismiss involving Doe #9 is resolved. In so holding, the Court noted that well established Sixth Circuit precedent supports the conclusion that the state’s policy of imposing ex post facto criminal punishments on some individuals convicted of sex offenses is unconstitutional.