Mitchell Hamline School of Law
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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

Residential Banishment

Litigation and Policy Resource Center

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Recent Cases

  • McDeid v. Johnston (Minn. 2023)

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

  • In re T.O. (Cal. Ct. App. 2022)

  • People v. Kastman (Ill. 2022)

  • State v. McMahon (La. Ct. App. 2022)

  • Commonwealth v. Roderick (Mass. 2022)

  • Lake Naomi Club, Inc. v. Rosado (Pa. Commw. Ct. 2022)

  • State v. Larson (Minn. 2022)

  • Doe as Next Friend of Doe #6 v. Swearingen (11th Cir. 2022)

  • McGuire v. Marshall (11th Cir. 2022)

Contact Information

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

Lingaw v. Lumpkin (Idaho 2020)

Posted: October 14, 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.

Lingaw v. Lumpkin (Idaho 2020)

Category: Residency Cases Tag: 9th Cir., Idaho, Residential Banishment

[Criminal Justice Policy Review] – Sex Offender Residence Restrictions and Homelessness: A Critical Look at South Carolina

Posted: July 21, 2019
Deanna Cann & Deena Scott, Sex Offender Residence Restrictions and Homelessness: A Critical Look at South Carolina, Criminal Justice Policy Review (2019) Abstract Sex offender residence restrictions (SORRs) have been widely implemented across the United States since the 1990s. A common concern regarding the implementation of SORRs is the decrease in viable housing options for …

[Criminal Justice Policy Review] – Sex Offender Residence Restrictions and Homelessness: A Critical Look at South Carolina

Category: Residency Secondary Materials Tag: Residential Banishment

In re Taylor (Ca. 2015)

Posted: December 19, 2018
California Supreme Court invalidating blanket imposition of residential banishment laws to those convicted of sex offenses and and parole.

In re Taylor (Ca. 2015)

Category: Residency Cases Tag: California, Parole, Residential Banishment, Substantive Due Process

Doe v. City of Lynn (Mass. 2015)

Posted: December 19, 2018
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.

Doe v. City of Lynn (Mass. 2015)

Category: Residency Cases Tag: 1st Cir., Massachusetts, Preemption, Residential Banishment

City of Ft. Lauderdale v. Anderson et al., (Broward Co. Ct., Fl. 2018).

Posted: December 19, 2018
Criminal trial court dismissing citations against defendants for violating residential banishment ordinance.

City of Ft. Lauderdale v. Anderson et al., (Broward Co. Ct., Fl. 2018).

Category: Residency Cases, Sex Offense Litigation and Policy Resource Center Tag: Ex Post Facto, Florida, Residential Banishment

Vasquez v. Foxx (7th Cir. 2018)

Posted: November 24, 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.

Vasquez v. Foxx (7th Cir. 2018)

Category: Residency Cases Tag: 7th Cir., Ex Post Facto, Procedural Due Process, Residential Banishment, Substantive Due Process, Takings Clause

Duarte v. City of Lewisville, Texas (5th Cir. 2017)

Posted: September 7, 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.

Duarte v. City of Lewisville, Texas (5th Cir. 2017)

Category: Residency Cases Tag: 5th Cir., Equal Protection, Procedural Due Process, Residential Banishment, Substantive Due Process, Texas

Doe v. City of Lynn (Mass. 2015)

Posted: August 16, 2017
Massachusetts Supreme Judicial Court opinion declaring unconstitutional local ordinance restricting where people on the registry may live on the grounds of preemption.

Doe v. City of Lynn (Mass. 2015)

Category: Residency Cases Tag: 1st Cir., Massachusetts, Preemption, Residential Banishment

Werner v. Wall (7th Cir. 2016)

Posted: August 9, 2017
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.

Werner v. Wall (7th Cir. 2016)

Category: Residency Cases Tag: 7th Cir., 8th Amendment, Qualified Immunity, Residential Banishment

State v. Pollard (Ind. 2009)

Posted: July 26, 2017
Indiana Supreme Court opinion affirming trial court dismissal of charges against person required to register for violating statewide residence restrictions on state constitutional grounds.

State v. Pollard (Ind. 2009)

Category: Residency Cases Tag: 7th Cir., Ex Post Facto, Indiana, Residential Banishment

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Topics

Jurisdiction

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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