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Case Name Mann v. Georgia Department of Corrections CJ-GA-0005
Docket / Court 04-1454 ( State Court )
State/Territory Georgia
Case Type(s) Criminal Justice (Other)
Case Summary
This case, brought in state court in Georgia on involved a constitutional challenge to a Georgia state law which placed restrictions on where sex offenders could live or work. The law, OCGA § 42-1-15, prohibited registered sex offenders from residing or working at a location that was within 1,000 ... read more >
This case, brought in state court in Georgia on involved a constitutional challenge to a Georgia state law which placed restrictions on where sex offenders could live or work. The law, OCGA § 42-1-15, prohibited registered sex offenders from residing or working at a location that was within 1,000 feet of any child care facility, church, school or area where minors congregate.

Appellant Anthony Mann was a registered sexual offender. Mann had previously challenged the law, which prohibited him from living in his parents' home due to the geographic restriction. The Georgia Supreme Court (Presiding Judge Leah Ward Sears) rejected that challenge, finding that Mann had only a minimal property interest in living in his parents' home. Mann v. State, 278 Ga. 442, 603 S.E.2d 283 (2004).

Subsequent to his initial challenge of the law, Mann got married and moved into a home in Clayton County, Georgia in October 2003. In 2004, Mann became the half owner and day-to-day operator of a barbecue restaurant in Clayton County. Neither his home nor his business was within 1,000 feet of any child care facility, church, school, or area where minors congregate. However, sometime thereafter, a child care business opened up within 1,000 feet of Mann's house and business. Mann's probation officer then advised Mann that he would need to move and quit his business or be subject to parole revocation for violating OCGA § 42-1-15. Mann brought suit in the Georgia state court, seeking a declaration that the law was unconstitutional. The trial court rejected his challenge and Mann appealed.

On November 21, 2007, the Georgia Supreme Court (Presiding Judge Carol W. Hunstein) reversed the trial court's ruling denying appellant's request for declaratory relief in regard to the residency restriction, finding that it was unconstitutional because it permitted the public taking of Mann's property without compensation in violation of the takings clause of the Fifth Amendment of the U.S. Constitution and the Georgia Constitution. The Court, however, found that the trial court did not err by denying appellant's request for declaratory relief as to the work restriction, holding that Mann failed to establish that the economic impact of the work restriction, as applied to him, amounted to an unconstitutional taking of his property interest in his barbecue restaurant.

Mann v. Georgia Department of Corrections, 282 Ga. 754, 603 S.E.2d 283 (2007).

Dan Dalton - 11/27/2007


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Issues and Causes of Action
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Issues
General
Sex offender regulation
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) Georgia Department of Corrections
Plaintiff Description A registered sex offender ordered to move out of his home because he resides within one thousand feet of a "place where minors congregate"
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Case Listing CJ-GA-0004 : Whitaker v. Perdue (N.D. Ga.)
Docket(s)
No docket sheet currently in the collection
General Documents
Brief of Appellant 05/24/2004
CJ-GA-0005-0002 PDF | Detail
Brief on Behalf of Appellees 06/28/2004
CJ-GA-0005-0003 PDF | Detail
Order 09/27/2004 (603 S.E.2d 283)
CJ-GA-0005-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Published Opinion 11/21/2007 (653 S.E.2d 740)
CJ-GA-0005-0001 PDF | WESTLAW| LEXIS | Detail
Judges Hunstein, Carol W. (State Supreme Court)
CJ-GA-0005-0001
Sears, Leah Ward (State Supreme Court)
CJ-GA-0005-0004
Monitors/Masters None on record
Plaintiff's Lawyers Key, Scott (Georgia)
CJ-GA-0005-0002 | CJ-GA-0005-0004
Sexton, Lee (Georgia)
CJ-GA-0005-0002 | CJ-GA-0005-0004
Defendant's Lawyers Baker, Thurbert E. (Georgia)
CJ-GA-0005-0003 | CJ-GA-0005-0004
Brasher, Christopher S. (Georgia)
CJ-GA-0005-0003
Phillips, J. Jayson (Georgia)
CJ-GA-0005-0003 | CJ-GA-0005-0004
Westmoreland, Mary Beth (Georgia)
CJ-GA-0005-0003
Other Lawyers None on record

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