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    Mitchell Hamline School of Law, located in St. Paul, Minnesota offers a rigorous, practice-based experience, preparing graduates to serve clients and communities. Our motivated students study full time or part time, on-campus or partially online in the way that fits their lives.

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Sex Offense Litigation and Policy Resource Center

Brown v. Maher (N.D.N.Y. 2022)

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Sex Offense Litigation and Policy Resource Center

875 Summit Avenue
Saint Paul, MN 55105

Professor Eric Janus, Director

eric.janus @mitchellhamline.edu

Madeline Ranum, Policy Fellow

651-695-7638

madeline.ranum @mitchellhamline.edu

Posted: May 10, 2022

Brown v. Maher, No. 21-CV-1018 (N.D.N.Y. 2022)

Nature of Case: At the approximate age of 29, Plaintiff was arrested for having a two month long sexual relationship with a fifteen or sixteen year old girl.  Plaintiff ultimately pled guilty to Rape in the Third Degree and Criminal Sexual Act in the Third Degree.  He was sentenced to two years’ imprisonment to be followed by ten years of post-release supervision.  As one of the conditions of his parole, Plaintiff was designated as a “sex offender.”  Along with this designation, Plaintiff’s parole conditions prohibit him from contacting any person under the age of eighteen, and by extension, limit Plaintiff’s ability to spend time with the children of his then-significant other (now-wife).

In 2021, Plaintiff filed a complaint against three parole officers alleging that their restriction on his ability to spend time with his then-significant other’s children was a violation of his due process rights under § 1983. Plaintiff and his significant other were married in the Fall of 2022.  In March 2022, Plaintiff filed a motion for a preliminary injunction asking the Court to preliminarily enjoin defendants from finding him in violation of his parole if he moves in with his new wife and her three children (now his step-children).

Holding: The District Court for the Northern District of New York granted Plaintiff’s motion for a preliminary injunction, concluding that Plaintiff’s action fell within scope of the Ex Parte Young exception to state’s Eleventh Amendment immunity, that Plaintiff’s right to live with his wife was fundamental, that he was likely to succeed on the merits of his claim, that he faced a likelihood of irreparable harm, and that the balance of equities and public interest favored issuance of a preliminary injunction.  In so holding, the Court noted that Plaintiff made an extensive showing that he posed little to no danger to his stepchildren and Defendants failed to demonstrate that Plaintiff posed a risk.

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News and Related Materials

Category: SORN Cases Tag: Conditions of Release, Due Process, New York

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Doe v. Frisz (Mo. 2022)
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10th Cir. 11th Cir. 1st Cir. 2nd Cir. 3rd Cir. 4th Cir. 5th Cir. 6th Cir. 7th Cir. 8th Cir. 9th Cir. 9th Circuit Alabama Alaska Arizona California Colorado Connecticut D.C. Cir. Florida Georgia Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Neb. Nebraska New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania South Carolina South Dakota Tennessee Texas United States Supreme Court Utah Vermont Virginia Vt. Washington Wisconsin

Constitutional Issues

10th Amendment 14th Amendment 1st Amendment 4th Amendment 5th Amendment 6th Amendment 8th Amendment Assistance of Counsel Bail Bill of Attainder Compelled Speech Double Jeopardy Due Process Equal Protection Ex Post Facto Foreign Commerce Clause Fourteenth Amendment Freedom of Association Full Faith and Credit Habeas Corpus Necessary and Proper Nondelegation Overbreadth Privileges and Immunities Procedural Due Process Right to Jury Trial Right to Parent Right to Travel Ripeness Speedy Trial Standing Substantive Due Process Takings Clause Treaty power Void-for-Vagueness

Substantive Issues

Actual Innocence Administrative exhaustion Administrative Procedures Act AEDPA Antisocial Personality Disorder Apprendi / Alleyne As-Applied AWA Burden of Proof Churches Civil Commitment Collateral Estoppel Conditions of Confinement Conditions of Release Daubert Deregistration Evidentiary Standards Expungement Extraterritorial Registration Failure to Register Familial Relationships GPS Halloween Hearsay Heck bar Homelessness Housing HUD Immigration Ineffective Assistance International Travel Internet Identifiers Internet Restrictions Jury Instructions Juvenile Registration Mental disorder Non-Sexual Offense Notification Out-of-state Offense Paraphilia Diagnosis Pardon Parole Personality Disorder Plea Agreement Plethysmograph PLRA Polygraphs Preemption Presence Restrictions Procedural Default PROTECT Act Punishment Qualified Immunity Recidivism Reclassification Res Judicata Residential Banishment Retroactive Application (Non-EPF) Revocation of Supervision Risk School Property Second / Subsequent Offense Sentencing Sexual Predator designation Sign Posting Special Needs Supervised Release SVP Tiering / Classification Tolling Transitional Release Travel Travel Restrictions Treatment Programs Voting Rights





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