University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name State v. Jennings CJ-NH-0001
Docket / Court 7657 ( State Court )
State/Territory New Hampshire
Case Type(s) Criminal Justice (Other)
Case Summary
On July 30, 2009, Special Justice Mark F. Weaver of the Dover District Court in New Hamshire ruled that the City of Dover's ordinance restricting where convicted sex offenders could live violated the Equal Protection Clause of the the New Hampshire Constitution. Applying the intermediate scrutiny ... read more >
On July 30, 2009, Special Justice Mark F. Weaver of the Dover District Court in New Hamshire ruled that the City of Dover's ordinance restricting where convicted sex offenders could live violated the Equal Protection Clause of the the New Hampshire Constitution. Applying the intermediate scrutiny test, the judge held that the city had failed to show a causal connection between the residency restrictions and the protection of minors.

In 2005, the City of Dover passed an ordinance that registered sex offenders could not reside within 2500 feet of a school or daycare center. This made much of the city unlivable for registered sex offenders.

The defendant was arrested on a violation of the ordinance, and argued that the ordinance was ultra vires, that it was preempted by the State of New Hampshire's law, and that it violated his substantive due process rights. The Court found all of those grounds lacking, but held that the ordinance was unconstitutional because it violated the Equal Protection Clause.

Accordingly, the Court dismissed the charges pending against the defendant.

Blase Kearney - 05/15/2012


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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
42 U.S.C. ยง 1983
Defendant(s) City of Dover
Plaintiff Description Convicted sex offender challenging city residency restrictions.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
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)
No docket sheet currently in the collection
General Documents
Opinion and Order 07/30/2009
CJ-NH-0001-0001.pdf | Detail
Judges Weaver, Mark F. (State Trial Court)
CJ-NH-0001-0001
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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