8th Circuit Opinion affirming the dismissal of an equal protection and gender discrimination claim brought by a group of civilly committed individuals in Iowa's SOCC facility.
Taft et al. v. Branstad (8th Cir. 2019)
Posted: September 9, 2023
Wimberly v. Williams (10th Cir. 2021)
Posted: September 9, 2023
Tenth Circuit opinion affirming district court decision denying petition for writ of habeas corpus by state prisoner serving indeterminate sentence of one year to life under Colorado Sex Offenders Act.
People v. Magana (Cal. Ct. App. 2022)
Posted: September 9, 2023
California Court of Appeals opinion remanding matter to the trial court for further consideration and noting a likelihood of merit in claim that the trial court's failure to provide Appellant with a full advisement of his right to a jury trial in the context of a civil commitment proceeding pursuant to the Sexually Violent Predator Act violated his right to equal protection under federal and state law.
Hope v. Commissioner (7th Cir. 2023)
Posted: June 29, 2023
Seventh Circuit opinion holding that Indiana law requiring individuals convicted of sex offenses pre-enactment to register due to existing registration obligations elsewhere did not violate equal protection.
Lindsey v. Swearingen (N.D. Fla. 2022)
Posted: March 5, 2022
District Court holding rejecting Full Faith and Credit Clause and Equal Protection arguments and holding, first, that Florida may require a new resident to register as a "sex offender" based on a crime committed in a state where the individual lived previously, even though a court in that state terminated that state's registration requirement and, second, that Florida is not required to purge or deny public access to prior registration records where an individual has left the state.
Doe v. Settle (4th Cir. 2022)
Posted: February 4, 2022
Fourth Circuit opinion rejecting Plaintiff-Appellant's Equal Protection and Eighth Amendment claims where a plea to a lesser offense resulted in worse treatment under the registry, holding that differential treatment between the charges of "carnal knowledge" and "indecent liberties" passed rationale basis scrutiny and that Virginia's registry scheme does not violate the Eighth Amendment's prohibition against "cruel and unusual punishment" because it is not punitive.
Doe v. Wasden (D. Idaho 2021)
Posted: November 3, 2021
District of Idaho opinion granting a preliminary injunction preventing the state from forcing Plaintiffs to register as sex offenders based on Plaintiffs' pre-Lawrence v. Texas convictions for violating state Crime Against Nature statutes.
Hope et al. v. Commissioner (7th Cir. 2021)
Posted: August 17, 2021
7th Circuit Court of Appeals opinion holding that Indiana's practice of requiring registration of individuals who committed offenses prior to the enactment of their registration law, but moved to Indiana subsequent to the enactment of the law, does not violate the constitutional right to travel.
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.
Menges v. Knudson (D. Mont. 2021)
Posted: May 16, 2021
Federal trial court opinion finding that Montana's requirement that a plaintiff register as a sex offender for engaging in consensual sex with another male violates Equal Protection, Due Process, and privacy rights under the Montana constitution.