Koch v. Village of Hartland (7th Cir. 2022)
Seventh Circuit decision in Ex Post Facto case, overturning the retroactivity standard articulated in prior circuit holdings and concluding that the critical inquiry in assessing retroactivity is “whether the law changes the legal consequences of acts completed before its effective date.”
Alvarez v. Annucci (N.Y. 2022)
New York Court of Appeals opinion holding that residency restrictions of Sexual Assault Reform Act (“SARA”) applied equally to eligible offenders released on parole, conditionally released, or subject to period of post-release supervision.
State v. McCord (Mo. 2021)
Missouri Supreme Court opinion affirming a conviction for residing within 1,000 feet of a school, holding that the distance measurements for Missouri’s housing banishment laws are taken from property line to property line.
Barnes v. Jeffreys (N.D. Ill. 2021)
Illinois district court opinion finding that the Illinois’ Department of Corrections policy of prohibiting more than one registrant from residing at an address while on supervision to be unconstitutional under the 8th and 14th Amendments.
Johnson v. Superintendent (N.Y. 2020)
New York Court of Appeals opinion holding that New York’s practice of imprisoning some individuals convicted of sex offenses past dates they would otherwise be released for want of legal housing was not unconstitutional.
Lingaw v. Lumpkin (Idaho 2020)
Idaho Supreme Court opinion holding that a gymnasium used by a school district counts as a school for purposes of Idaho’s residency restriction statute.
Does v. Miami-Dade County (11th Cir. 2020)
11th Circuit Court of Appeals affirming the denial of the lower court to allow an as-applied Ex Post Facto claim in a lawsuit over Miami-Dade’s housing banishment laws.
John Doe et al. v. Richard Snyder (E.D. Mich. 2021)
Federal District Court for the Eastern District of Michigan granting permanent injunction, prohibiting in total the enforcement of any of Michigan’s sex offense registration scheme to anyone who had committed their offenses prior to 2011, as well as prohibiting the enforcement of numerous provisions to any persons required to register.
Does v. City of San Diego (S.D. Cal. 2019)
Federal District Court for the Southern District of California finding that local San Diego ordinance enacting residential banishment laws for people convicted of sex offenses was preempted by state law.
State v. Schnell (Minn. 2019)
Minnesota Supreme Court opinion finding that Minnesota DOC failed to comply with the law in failing to release an individual, or else otherwise modifying conditions of release.
State v. Lafountain (Or. Ct. App. 2019)
Oregon Court of Appeals ruling that “residence” means something more than a temporary shelter or jail cell, in finding the state’s evidence legally insufficient to convict a defendant of railing to register.
People ex rel Negron v. Superintendent (N.Y. App. Div. 3rd 2019)
New York Supreme Court, Appellate Division, holding that SARA-related housing restrictions did not apply to individual who was serving a sentence for a non-sexual offense.
Doe v. City of San Diego (S.D. Cal. 2019)
Federal trial court order denying motion to dismiss lawsuit regarding San Diego’s residential banishment laws, alleging various constitutional violations.
Bostic v. D.C. Housing Authority (D.C. Ct. App. 2017).
District of Columbia Court of Appeals opinion holding that the eviction of an individual who was convicted of a 1982 offense and subject to lifetime registration as a sex offender was proper in that it was not contrary to HUD regulations, and was not otherwise preempted.
Gonzalez v. Annucci (N.Y. 2018)
New York Court of Appeals holding that Department of Corrections and Community Supervision complied with statutory duty to assist people convicted of sex offenses in obtaining housing that was compliant with New York’s Sexual Assault Reform Act.
Braylock v. City of Dayton (Hennepin Dist. Ct. 2018).
Hennepin County trial court finding that city’s residential banishment laws were unconstitutional under theories of conflict and field preemption
Mann v. Georgia Dep’t of Corr. (Ga. 2007)
Georgia Supreme Court finding that residential banishment law constituted an unconstitutional taking as applied to Appellant.
In re Taylor (Ca. 2015)
California Supreme Court invalidating blanket imposition of residential banishment laws to those convicted of sex offenses and and parole.
Doe v. City of Lynn (Mass. 2015)
Massachusetts Supreme Judicial Court ruling that residential banishment law for those convicted of sex offenses that was enacted by city was effectively preempted under Massachusetts Home Rule amendment.
City of Ft. Lauderdale v. Anderson et al., (Broward Co. Ct., Fl. 2018).
Criminal trial court dismissing citations against defendants for violating residential banishment ordinance.
Vasquez v. Foxx (7th Cir. 2018)
7th Circuit Case affirming dismissal of constitutional claims brought against Illinois’ residence restrictions, inter alia, Ex Post Facto, Takings Clause, and both Substantive and Procedural Due Process arguments.
State v. Wade (Mo. 2013)
Missouri Supreme Court held that state constitutional prohibition against retrospective laws applied only to civil, not criminal laws, therefore presence restrictions applied to people on the registry could be constitutionally applied retroactively.
McGuire v. Strange (M.D. Ala. 2015)
Federal civil rights challenge to Alabama’s SORNA alleging various theories of unconstitutionality. District court held after bench trial that state law violated ex post facto in two respects: requiring weekly, dual in person check ins of homeless people on the registry as well as requiring dual application for travel permits.
Hoffman v. Village of Pleasant Prairie (E.D. Wis. 2017)
Civil suit brought by registrants in Wisconsin challenging local residency restrictions. District Court found that the restrictions violated prohibition against ex post facto punishments and equal protection.
Doe v. Miami-Dade County (11th Cir. 2017)
11th Circuit reversal of district court dismissal of lawsuit alleging residency restrictions in Miami-Dade county violated prohibitions on retroactive punishment.
Duarte v. City of Lewisville, Texas (5th Cir. 2017)
5th Circuit case affirming lower court grant of summary judgment to city in re challenge ordinance restricting where those on the registry may reside based on due process and equal protection.
Doe v. City of Lynn (Mass. 2015)
Massachusetts Supreme Judicial Court opinion declaring unconstitutional local ordinance restricting where people on the registry may live on the grounds of preemption.
Werner v. Wall (7th Cir. 2016)
Seventh Circuit affirmed district court’s grant of summary judgment on the basis of qualified immunity to state officials on monetary claims that state law which allowed for continued detention of plaintiff past his maximum release date due to inability to locate housing.
State v. Pollard (Ind. 2009)
Indiana Supreme Court opinion affirming trial court dismissal of charges against person required to register for violating statewide residence restrictions on state constitutional grounds.
People v. Diack (N.Y. 2015)
New York Court of Appeals held that doctrine of field preemption meant that counties could not enact their own ordinances restricting where people on the sex offense registry could reside.