University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Doe v. Nixon CJ-MO-0004
Docket / Court 4:08-cv-01518-CEJ ( E.D. Mo. )
State/Territory Missouri
Case Type(s) Criminal Justice (Other)
Attorney Organization ACLU Chapters (any)
Case Summary
On October 8, 2008, several sex offenders in Missouri filed a lawsuit in U.S. District Court for the Eastern District of Missouri against the State of Missouri, several cities and counties in Missouri, and several police departments in Missouri. The plaintiffs were represented by the American Civil ... read more >
On October 8, 2008, several sex offenders in Missouri filed a lawsuit in U.S. District Court for the Eastern District of Missouri against the State of Missouri, several cities and counties in Missouri, and several police departments in Missouri. The plaintiffs were represented by the American Civil Liberties Union of Missouri Foundation and private counsel. They asked the court for a preliminary injunction that prevented the police from enforcing R.S.Mo. §589.426, which prohibits certain activities for sex offenders on Halloween night, against them. The statue stated that sex offenders must: A) avoid all Halloween-related contact with children; B) remain inside his or her residence between the hours of 5 p.m.
and 10:30 p.m.; C) post a sign at his or her residence stating, 'No candy or treats at
this residence; and D) leave all outside residential lighting off during the evening hours
after 5 p.m. The Plaintiffs also asked for a declaratory judgment stating that the statute was unconstitutional under the federal constitution.

Specifically, the plaintiffs alleged that they should not be subject to R.S.Mo § 589.426 since they were required to register as sex offenders based on convictions entered prior to June 30, 2008, which is when R.S.Mo § 589.426 was enacted. They alleged the statute was unconstitutional stating that it was ambiguous and did not give sex offenders ample notice of what conduct was prohibited.

On October 27, 2008, the District Court (Judge Carol E. Jackson) enjoined the defendants from enforcing R.S.Mo §589.426 on October 31, 2008. On October 30, 2008 the U.S. Court of Appeals (Eighth Circuit) granted the defendants motion for stay, allowing the defendants to enforce the statute on October 31, 2008.

On September 25, 2009, the District Court (Judge Carol E. Jackson) stayed all pending proceedings until State of Missouri v. Charles A. Raynor was concluded in Missouri state court. The stay was issued because Charles Raynor was charged under R.S.Mo §589.426 when he was required to register as a sex offender before the enactment of R.S.Mo. § 589.426. If the court ruled that under Missouri law, R.S.Mo. §589.426 could not apply retrospectively, the plaintiffs' case would be moot.

On October 27, 2010, the District Court (Judge Carol E. Jackson) dismissed the plaintiffs' claims as moot. This was based on the decision in State of Missouri v. Charles A. Raynor where it was ruled that R.S.Mo. §589.426 could not be enforced retrospectively against anyone required to register as a sex offender before its enactment. Since all of the plaintiffs were sex offenders who were required to register as sex offenders before R.S.Mo. §589.426 was enacted, the statute could not be enforced against them.

On August 25, 2011, the District Court (Judge Carol E. Jackson) ordered that the defendants reimburse the plaintiffs for attorneys' fees and court costs. On May 10, 2013, the U.S. Court of Appeals (Eight Circuit) ordered that the plaintiffs were not entitled to fees and costs under 42 U.S.C. § 1988. They based this on the fact that the plaintiffs' only victory was for a preliminary injunction that prevented the enforcement of R.S.Mo § 589.426 on October 31, 2008, and that this preliminary injunction was stayed. Since the plaintiffs' case was later dismissed as moot, the court ruled that they did not receive the judicial victory that was necessary for the recovery of attorney fees and court costs.

Steve Vnuk - 12/04/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Ex Post Facto
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Sex offender regulation
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) Ballwin, Missouri, Police Department
Bowling Green, Missouri, Police Department
Cape Girardeau
Cape Girardeau, Missouri, Police Department
Clay County
Kansas City, Missouri, Police Department
Manchester, Missouri, Police Department
Maryland Heights, Missouri, Police Department
Missouri Highway Patrol
Pike County
St. Louis County
St. Louis County, Missouri, Police Department
State of Missouri
Plaintiff Description Sex Offenders living in Missouri who were required to register as sex offenders before the passage of R.S.Mo. §589.426, and did not believe they should be subject to its restrictions.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2013
Case Ongoing No
Additional Resources
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Links Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
4:08−cv−01518 (E.D. Mo.) 05/31/2013
CJ-MO-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 10/03/2008
CJ-MO-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for Preliminary Injunction 10/03/2008
CJ-MO-0004-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 10/27/2008 (2008 WL 4790304) (E.D. Mo.)
CJ-MO-0004-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Appeal 10/27/2008
CJ-MO-0004-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for Stay Pending Appeal 10/28/2008
CJ-MO-0004-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 10/30/2008 (2008 WL 4790293) (E.D. Mo.)
CJ-MO-0004-0006.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 10/30/2008
CJ-MO-0004-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' First Amended Complaint for Declaratory and Injunctive Relief and Nominal Damages 11/03/2008
CJ-MO-0004-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 11/06/2008
CJ-MO-0004-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Answer 11/07/2008
CJ-MO-0004-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion to Dismiss and Memorandum in Support 11/07/2008
CJ-MO-0004-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Second Amended Complaint for Declaratory and Injunctive Relief and Nominal Damages 12/08/2008
CJ-MO-0004-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [Granting Plaintiffs’ Motions to Proceed under Pseudonyms] 04/13/2009 (2009 WL 995138) (E.D. Mo.)
CJ-MO-0004-0013.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying as Moot Defendants' Motions for a More Definitive Statement] 07/21/2009 (2009 WL 2175975) (E.D. Mo.)
CJ-MO-0004-0014.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [Denying Plaintiffs’ Motion to Certify a Question of State Law to the Missouri Supreme Court] 09/10/2009 (2009 WL 2957925) (E.D. Mo.)
CJ-MO-0004-0015.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 09/25/2009 (2009 WL 3180940) (E.D. Mo.)
CJ-MO-0004-0016.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [Granting Plaintiffs' Motion for Reconsideration] 07/23/2010 (2010 WL 2982813) (E.D. Mo.)
CJ-MO-0004-0017.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [Dismissing Second Amended Complaint, Denying Motion for Leave to File Third Amended Complaint and Motion for Preliminary Injunction] 10/27/2010 (2010 WL 4363413) (E.D. Mo.)
CJ-MO-0004-0018.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Amending Dismissal Order and Awarding Attorneys' Fees] 08/25/2011 (2011 WL 3962669) (E.D. Mo.)
CJ-MO-0004-0019.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
USCA Opinion 05/10/2013 (716 F.3d 1041)
CJ-MO-0004-0020.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Jackson, Carol E. (E.D. Mo.) [Magistrate]
CJ-MO-0004-0003 | CJ-MO-0004-0006 | CJ-MO-0004-0013 | CJ-MO-0004-0014 | CJ-MO-0004-0015 | CJ-MO-0004-0016 | CJ-MO-0004-0017 | CJ-MO-0004-0018 | CJ-MO-0004-0019 | CJ-MO-0004-9000
Melloy, Michael Joseph (Eighth Circuit, N.D. Iowa)
CJ-MO-0004-0020
Riley, William Jay (Eighth Circuit)
CJ-MO-0004-0020
Wollman, Roger Leland (Eighth Circuit)
CJ-MO-0004-0020
Monitors/Masters None on record
Plaintiff's Lawyers Doty, Grant R. (Missouri)
CJ-MO-0004-9000
Nelson, David C. (Illinois)
CJ-MO-0004-0011 | CJ-MO-0004-0012 | CJ-MO-0004-9000
Rothert, Anthony E. (Missouri)
CJ-MO-0004-0001 | CJ-MO-0004-0002 | CJ-MO-0004-0011 | CJ-MO-0004-0012 | CJ-MO-0004-9000
Defendant's Lawyers Becker, Carl W. (Missouri)
CJ-MO-0004-9000
Beekley, Maureen C. (Missouri)
CJ-MO-0004-9000
Berry, Michael G (Missouri)
CJ-MO-0004-9000
Fisher, Mark S. (Missouri)
CJ-MO-0004-9000
Gunn, Patrick R. (Missouri)
CJ-MO-0004-9000
Jones, Robert E. (Missouri)
CJ-MO-0004-9000
Lorenz, Adam R. (Missouri)
CJ-MO-0004-9000
Maharry, Peter T. (Kansas)
CJ-MO-0004-9000
Merklin von Kaenel, Lorena V. (Missouri)
CJ-MO-0004-9000
Morris, Mary Delworth (Missouri)
CJ-MO-0004-9000
Nixon, Jeremiah (Jay) W. (Missouri)
CJ-MO-0004-0004
Paperner, Howard (Missouri)
CJ-MO-0004-0009 | CJ-MO-0004-0010 | CJ-MO-0004-9000
Quinn, Christopher J. (Missouri)
CJ-MO-0004-0004 | CJ-MO-0004-0005 | CJ-MO-0004-9000
Swingle, H. Morley (Missouri)
CJ-MO-0004-9000
Other Lawyers Gans, Michael E. (Missouri)
CJ-MO-0004-0008

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