Ex-offenders.

• Position: Brief Article

U.S. District Court SEX OFFENDER

A.A. v. New Jersey 176 F.Supp.2d 274 (D.N.J. 2001). Convicted sex offenders challenged the constitutionality of a New Jersey constitutional provision and the Internet Registry Act amendment to the state's "Megan's Law" statute, that authorized a system for making sex offender registration information publicly available on the Internet. The offenders moved far preliminary injunctive relief and the court granted the motion in part. The court found that the Internet disclosure statute was not punitive in its effects or intent and that the compilation and dissemination of publicly-available information on offenders did not violate their privacy rights. The court noted that the legislature expressly disavowed any intent to inflict additional punishment on offenders and stated that the statute was intended solely for the protection of the public. The legislature prescribed penalties to deter the misuse of information. But the court found that offenders' home addresses were not adequately safeguarded by the Internet disclosure system and the court issued a preliminary injunction limiting disclosure to offenders' county of residence. (New Jersey)

U.S. District Court

CLAIMS

Doan v. Watson 168 F.Supp.2d 932 (S.D.Ind. 2001). Former inmates filed a [ss] 1983 suit against a former and current sheriff, individually and in their official capacities, alleging unconstitutional strip search policies. The district court granted summary judgment in favor of the former inmates, finding that the jail policy of stripping inmates and requiring them to undergo a delousing procedure was an unreasonable search. According to the court, the policy authorized a blanket strip search without justification. The court noted that the Prison Litigation Reform Act (PLRA) did not require the former inmates to produce evidence of physical injury to pursue their claims. The inmates had been arrested for misdemeanor offenses and were subjected to intake searches before entering the general jail population. (Floyd County Jail, Indiana)

U.S. District Court

SEX OFFENDERS

Doe #1 v. Williams. 167 F.Supp.2d 45 (D.D.C. 2001). Individuals who were required to register as sex offenders under the District of Columbia's Sex Offender and Registration Act (SORA) challenged the constitutionality of the act. The district court granted summary judgment in favor of the plaintiffs, finding that the public notification provisions of the act violated procedural due...