Mitchell Hamline School of Law

Sex Offense Litigation and Policy Resource Center

Due Process

Doe v. Department of Justice (C.D. Cal. 2023)

Posted: February 1, 2023
California District Court order granting a preliminary injunction, enjoining the federal government from prosecuting California residents under 18 U.S.C. § 2250 for a violation of SORNA without first obtaining certification from the State of California that the individual was required to register under California state law, and, in a prosecution for a failure to provide specific required information, that California law allows the individual to furnish that information to state authorities.

Doe v. Department of Justice (C.D. Cal. 2023)

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

Posted: May 10, 2022
District Court granting Plaintiff a preliminary injunction where Plaintiff's right to live with his wife and step-children was prohibited by parole conditions preventing him from contacting any person under the age of eighteen, concluding that Plaintiff's right to live with his wife was fundamental, that he was likely to succeed on the merits of his § 1983 due process claim, that he faced a likelihood of irreparable harm, and that the balance of equities and public interest favored issuance of a preliminary injunction.  

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

Bomgaars v. State of Iowa (Iowa 2021)

Posted: December 6, 2021
Iowa Supreme Court opinion holding that although inmates have a liberty interest in parole, the state is not violating inmates' right to due process by delaying sex offense treatment that must completed to be meaningfully considered for parole. The opinion states that the Iowa Department of Corrections has acted reasonably in attempting to address the fact there are too many individuals convicted of sex offenses in the system to provide treatment on a timely basis.

Bomgaars v. State of Iowa (Iowa 2021)

Howe v. Godinez (S.D. Ill. 2021)

Posted: November 3, 2021
Southern District of Illinois opinion finding that systemic failures to provide adequate mental health treatment at Big Muddy River Correctional Center’s Sexually Dangerous Persons Program resulted in Plaintiffs’ detainment “without real hope of release” and deprived Plaintiffs of due process in violation of the Fourteenth Amendment.

Howe v. Godinez (S.D. Ill. 2021)

Desper v. Clarke (4th Cir. 2021)

Posted: June 16, 2021
4th Circuit Court of Appeals opinion affirming the lower court dismissal of a lawsuit brought by an individual incarcerated on a sex offense who sued alleging that Department of Corrections Regulations that resulted in him being denied in-person visitation with his minor daughter violated Equal Protection and Due Process.

Desper v. Clarke (4th Cir. 2021)

Topics

Jurisdiction

Constitutional Issues

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