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John Doe, I Jane Doe John Doe, II v. Bill Tandeske Gregg D. Renkes

Citations: 361 F.3d 594; 2004 U.S. App. LEXIS 4993; 2004 WL 515266Docket: 99-35845

Court: Court of Appeals for the Ninth Circuit; March 17, 2004; Federal Appellate Court

Narrative Opinion Summary

In this case before the Ninth Circuit Court of Appeals, the plaintiffs, identified as John Doe I, Jane Doe, and John Doe II, challenged the constitutionality of Alaska's sex offender registration law. This was the second review following a Supreme Court reversal of a prior Ninth Circuit decision, which initially found the law violated the Ex Post Facto Clause for pre-enactment convictions. The plaintiffs contended that the law infringed their procedural due process rights by depriving them of liberty without notice or hearing. However, the court, referencing the Supreme Court's decision in Connecticut Department of Public Safety v. Doe, concluded that the law does not require a hearing for procedural due process, as the registration is based on convictions. The plaintiffs also claimed that the law violated their substantive due process rights by infringing on fundamental liberty interests. The court determined that these interests are not deeply rooted in history and tradition, and thus not protected under substantive due process, referencing Glucksberg. The court found that the statute serves a legitimate nonpunitive public safety purpose, as established in Smith, and affirmed the district court's summary judgment in favor of the State, upholding the law's constitutionality with respect to both procedural and substantive due process claims.

Legal Issues Addressed

Ex Post Facto Clause and Sex Offender Registration

Application: The court initially found that Alaska's sex offender registration law violated the Ex Post Facto Clause for individuals convicted before the law's enactment, but this was later reversed by the Supreme Court.

Reasoning: Initially, the Ninth Circuit determined that Alaska's sex offender registration law violated the Ex Post Facto Clause for individuals convicted before the law's enactment, but did not address procedural and substantive due process claims at that time.

Legitimate State Interest and Public Safety

Application: The Alaska statute serves a legitimate nonpunitive purpose of public safety, reasonably related to the risks posed by sex offenders, thus aligning with regulatory goals.

Reasoning: The provisions of the statute serve a legitimate nonpunitive purpose of public safety by informing the community of the risks posed by sex offenders, as established in Smith.

Procedural Due Process in Sex Offender Registration

Application: The court ruled that Alaska's sex offender registration law does not violate procedural due process as the registration is based solely on convictions, not requiring additional procedural protections.

Reasoning: The Ninth Circuit concludes that Alaska's law does not violate procedural due process.

Substantive Due Process and Fundamental Rights

Application: The court held that sex offenders do not have a fundamental right to be exempt from the registration requirements, as these are not deeply rooted in history and tradition.

Reasoning: Persons convicted of serious sex offenses do not possess a fundamental right to be exempt from the registration and notification requirements of the Alaska statute, as determined under Glucksberg.