Megan's Law Decisions in Other Federal Circuit Court of Appeals
Second Circuit: In Doe v. Department of Public Safety ex rel.
Lee, 271 E. 3d 38 (2d Cir. 2001), the Second Circuit upheld a district court decision, finding that
Connecticut's sex offender Internet Registry Law does not unconstitutionally impose punishment in violation of the Ex Post Facto Clause, but that the purportedly non-dangerous sex offender had a liberty interest in avoiding official implication of dangerousness from inclusion of his profile in sex offender registry, and therefore was entitled to hearing to determine whether he was, in fact, particularly likely to be currently dangerous. Also, in
Doe v. Pataki, 120 F. 3d 1263 (2d cir. 1997), another panel of the Second Circuit held in a challenge to retroactive application of registration and community notification provisions of
New York's Sex Offender Registration Act that neither registration nor notification provisions inflicted "punishment" under the Ex Post Facto clause.
Fifth Circuit: In Moore v. Avoyelles Correctional Center, 253 F. 3d 870 (2001), the Fifth Circuit upheld Louisiana's the neighborhood notification provision of Louisiana's sex offender registration statute, finding that community notification provision did not inflict "punishment" within the meaning of the Ex Post Facto Clause, despite some punitive effect on offenders.
Sixth Circuit: In Cutshall v. Sundquist, 193 F. 3d 466 (6th Cir. 1999), the Sixth Circuit upheld Tennessee's registration and community notification scheme, finding that the Tennessee Act does not violate the prohibition against double jeopardy, does not violate any right to privacy under the federal or state constitutions, does not violate the Equal Protection Clause, and does not implicate a constitutionally protected liberty or property interest in employment.
Ninth Circuit: In Russell v. Gregoire, 124 F. 3d 1079 (9th Cir. 1997), one panel of the Ninth Circuit upheld Washington state's registration and community notification laws, finding that sex offender registration did not violate the Ex Post Facto Clause, any constitutional right to privacy or due process. But in Doe v. Otte, 259 F. 3d 979 (9th Cir. 2001), another Ninth Circuit panel struck down retroactive application of Alaska's Internet notification law, finding it punishment for purposes of the Ex Post Facto Clause, and thus allowing it to be applied only to sex offenders whose crimes were committed after its enactment. The Doe v. Otte decision is now pending before the United States Supreme Court, which has granted certiorari to review the case.
Tenth Circuit: In Femedeer v. Haun, 227 F.3d 1244 (10th Cir. 2000), the Tenth Circuit upheld the constitutionality of the Utah sex offender Internet registry, finding that Utah's Internet notification scheme did not violate Ex Post Facto or Double Jeopardy Clauses.
[ Back to Right to Know ]