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Civil Rights Litigation Clearinghouse
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Case Name Does v. Snyder CJ-MI-0004
Docket / Court 2:12-cv-11194 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Criminal Justice (Other)
Attorney Organization Michigan ACLU
Michigan Clinical Law Program
Case Summary
On March 6, 2012, a group of individuals convicted of sexual offenses filed this suit against Governor Snyder of Michigan and Colonel Kriste Etue, Director of the Michigan State Police, in the U.S. District Court for the Eastern District of Michigan. The plaintiffs alleged that they have been ... read more >
On March 6, 2012, a group of individuals convicted of sexual offenses filed this suit against Governor Snyder of Michigan and Colonel Kriste Etue, Director of the Michigan State Police, in the U.S. District Court for the Eastern District of Michigan. The plaintiffs alleged that they have been unconstitutionally subjected to Michigan's Sex Offender Registration Act, passed in 2011 and which was retroactively applied to them. They alleged that SORA violates the prohibition on ex post facto laws, proscribes their fundamental rights to work and travel without being narrowly tailored to a compelling state interest, violates the Due Process Clause, and are void for vagueness. The plaintiffs sought declaratory and injunctive relief barring SORA's retroactive application to them.

In April 2012 and June 2012 respectively, Col. Etue and Governor Snyder filed their motions to dismiss. Judge Cleland ruled on those motions on March 18, 2013, granting in part and denying in part the motions to dismiss. He held that SORA was a civil statute and thus did not violate the constitutional prohibitions on ex post facto laws but that the plaintiffs did plead a plausible substantive due process claim because SORA infringed upon fundamental rights by restricting plaintiffs' ability to raise their children. The means chosen by the state did not narrowly serve the interest of protecting children. The court was also unable to definitively conclude that retroactively extending the registration period for SORA from 25 years to life was justified by a legitimate legislative purpose.

Discovery continued for the next year. On February 20, 2014, the plaintiffs filed for summary judgment. The Court issued an order on May 1, 2014 denying summary judgment and issued orders for new motions for judgment given the extensive factual record. The plaintiffs filed that motion on June 27, 2014 and defendants replied on August 6, 2014. On March 31, 2015, Judge Cleland granted in part and denied in part the motions, finding that the geographic exclusion zones were unconstitutional and that the vehicle, email, and phone registration requirements were unconstitutional.

On June 5, 2015, the defendants appealed. On September 3, 2015, Judge Cleland ruled on the remaining issues and found that SORA was unconstitutional as applied to Plaintiff #4 and that the lifetime registration requirement's retroactive incorporation of the internet reporting requirement was unconstitutional. On October 26, 2015, the plaintiffs appealed and defendants appealed on November 20, 2015. On August 25, Circuit Judge Batchelder from the Sixth Circuit ruled on the appeals, holding that it imposed punishment and thus retroactive application of the SORA amendments was unconstitutional. The case was remanded to the district court to enter judgment consistent with the Sixth Circuit's opinion. As of October 27, 2016, the district court has not done so.

Craig Streit - 10/21/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Ex Post Facto
Freedom of speech/association
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Sex offender regulation
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Michigan State Police
State of Michigan
Plaintiff Description Plaintiffs are Michigan residents who have been retroactively required to comply with Michigan's Sex Offender Registration Act (SORA) as amended on July 1, 2011. These plaintiffs were all charged or convicted before the amended SORA came into effect.
Indexed Lawyer Organizations Michigan ACLU
Michigan Clinical Law Program
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
2:12-cv-11194 (E.D. Mich.) 04/23/2013
CJ-MI-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/16/2012
CJ-MI-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Exhibits to Complaint 03/16/2012
CJ-MI-0004-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Motion to Dismiss and Defendants Amended Brief in Support of Motion to Dismiss 04/24/2012
CJ-MI-0004-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Brief Opposing Defendants' Motion to Dismiss 05/25/2012
CJ-MI-0004-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Exhibits to Plaintiff's Brief Opposing Defendants' Motion to Dismiss 05/25/2012
CJ-MI-0004-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Reply Brief 06/15/2012
CJ-MI-0004-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order Granting in Part and Denying in Part Defendants' Amended Motion to Dismiss 03/18/2013 (932 F.Supp.2d 803) (E.D. Mich.)
CJ-MI-0004-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 12/02/2013
CJ-MI-0004-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order Resolving Motions for Judgment 03/31/2015 (2015 WL 1497852) (E.D. Mich.)
CJ-MI-0004-0008.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order Denying Defendants' Motion in Limine 03/31/2015 (2015 WL 1497834) (E.D. Mich.)
CJ-MI-0004-0010.pdf | WESTLAW | Detail
Document Source: Bloomberg Law
Opinion and Order Resolving Motions for Judgment 03/31/2015 (101 F.Supp.3d 672) (E.D. Mich.)
CJ-MI-0004-0011.pdf | WESTLAW| LEXIS | Detail
Document Source: Bloomberg Law
Notice of Motion Hearing 05/08/2015 (E.D. Mich.)
CJ-MI-0004-0012.pdf | Detail
Document Source: Bloomberg Law
Opinion and Order Resolving Outstanding Issues Raised in Plaintiffs' and Defendants' Motions for Judgment 09/03/2015 (101 F.Supp.3d 722) (E.D. Mich.)
CJ-MI-0004-0013.pdf | WESTLAW| LEXIS | Detail
Document Source: Bloomberg Law
Final Judgment 10/21/2015 (E.D. Mich.)
CJ-MI-0004-0014.pdf | Detail
Document Source: Bloomberg Law
6th Circuit Opinion 08/25/2016 (2016 U.S.App.LEXIS 15669)
CJ-MI-0004-0015.pdf | LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Batchelder, Alice Moore (N.D. Ohio, Sixth Circuit)
CJ-MI-0004-0015
Cleland, Robert Hardy (E.D. Mich.)
CJ-MI-0004-0007 | CJ-MI-0004-0008 | CJ-MI-0004-0010 | CJ-MI-0004-0011 | CJ-MI-0004-0012 | CJ-MI-0004-0013 | CJ-MI-0004-0014 | CJ-MI-0004-9000
Grand, David R. (E.D. Mich.) [Magistrate]
CJ-MI-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Aukerman, Miriam (Michigan)
CJ-MI-0004-0001 | CJ-MI-0004-0004 | CJ-MI-0004-0009 | CJ-MI-0004-9000
Moss, Kary L. (Michigan)
CJ-MI-0004-0001 | CJ-MI-0004-0004 | CJ-MI-0004-0009
Reingold, Paul (Michigan)
CJ-MI-0004-0001 | CJ-MI-0004-0004 | CJ-MI-0004-0009 | CJ-MI-0004-9000
Steinberg, Michael J. (Michigan)
CJ-MI-0004-0001 | CJ-MI-0004-0004 | CJ-MI-0004-0009 | CJ-MI-0004-9000
Swor, William W. (Michigan)
CJ-MI-0004-0001 | CJ-MI-0004-0004 | CJ-MI-0004-0009 | CJ-MI-0004-9000
Defendant's Lawyers Grill, Erik A. (Michigan)
CJ-MI-0004-9000
Nelson, Margaret A. (Michigan)
CJ-MI-0004-0003 | CJ-MI-0004-0006 | CJ-MI-0004-9000
Other Lawyers None on record

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