Case: Whitaker v. Perdue

4:06-cv-00140 | U.S. District Court for the Northern District of Georgia

Filed Date: June 20, 2006

Clearinghouse coding complete

Case Summary

On June 20, 2006, six low-level sex offenders filed this class action lawsuit in the U.S. District Court for the Northern District of Georgia, against the state of Georgia. The plaintiffs, represented by the Southern Center for Human Rights and the ACLU of Georgia, challenged provisions of the state's new sex offender law that prevented sex offenders from living and working within one-thousand feet of school bus stops and churches. The plaintiffs had committed their crimes when they were young …

On June 20, 2006, six low-level sex offenders filed this class action lawsuit in the U.S. District Court for the Northern District of Georgia, against the state of Georgia. The plaintiffs, represented by the Southern Center for Human Rights and the ACLU of Georgia, challenged provisions of the state's new sex offender law that prevented sex offenders from living and working within one-thousand feet of school bus stops and churches. The plaintiffs had committed their crimes when they were young (often statutory / consensual sex acts with a person a few years younger), and argued that the Georgia law violated their rights because it did not distinguish between low-level and high-level sex offenders, nor did it allow them to seek an exemption. They further alleged that the law automatically exposed persons to felony prosecution and forced nearly all sex offenders out of their homes, and that it would also undercut church efforts to reform sex offenders.

On June 27, 2006, U.S. District Court Judge Clarence Cooper granted a restraining order against the enforcement of the bus stop portion of the law and scheduled further hearings. The court's discussion focused on whether or not "bus stops," as defined in the statute, meant places where school buses actually stopped to pick up schoolchildren, or places formally designated as bus stops by the relevant school board. The court ruled that "bus stops" must be designated, and since no school board had yet designated any bus stops, the court denied the Motion for Preliminary Injunction.

On June 29, 2006, the Judge Cooper certified a plaintiff class of all persons who registered with the State of Georgia as sex offenders on or before July 1, 2006 and who reside within 1000 feet of a currently-designated school bus stop or a school bus stop designated in the future.

Following the issuance of the TRO (temporary restraining order), three counties designated their "bus stops" to remove the ambiguity, and then entered into consent orders that barred enforcement of the law until further order of the court. The plaintiffs then filed another motion for preliminary injunction challenging the residency restrictions barring a home within one-thousand feet of a church. This was filed on behalf of nine elderly and sick sex offenders who mostly live in nursing homes. Each of the affected counties allowed these sex offenders to remain in their nursing homes.

The District Court permitted the key portions of the plaintiffs' case to move forward, including challenges based on the following constitutional provisions: (1) Article 1, § 10 of the Georgia Constitution, which provides that states cannot pass laws that increase punishments for criminal acts after they have been committed ; (2) the Fourteenth Amendment to the United States Constitution, which protects certain fundamental rights from being infringed upon; and (3) the Free Exercise Clause of the United States Constitution, which protects religious beliefs and religious practices.

On October 14, 2008 the plaintiffs filled their 4th amended complaint. The plaintiffs made clear that the most significant part of their challenge to the law involved the school bus stop provisions.

Prompted by some changes to the law, in March 2009, the Court decertified the previously defined class and certified several new subclasses, including all persons who are registered, are required to register, or will be required to register in the future as sex offenders pursuant to § 42-1-15 who (1) reside in counties in which the school board has designated school bus stops for purposes of § 42-1-15 and (2) either do not own their own homes or do not fall within the homeowner exemption of § 42-1-15(f) or (g), as determined by the sheriff in the county where such persons are registered. The 2009 order found that one of the plaintiffs had standing to represent this subclass because she was leasing a residence that fell within 1,000 feet of a school bus stop in Columbia County.

Within the same March 2009 order, the District Court granted the plaintiffs' motion for a preliminary injunction restraining the defendants from enforcing the sex offender law's provision that barred registered sex offenders from engaging in volunteer activities at church. The district court found that "because the Church Volunteer/Employment Provision fails to provide fair warning to Plaintiffs or adequate guidance to law enforcement, it is substantially likely that it is unduly and unconstitutionally vague." Lastly, the District Court denied the defendants' motion to dismiss the plaintiffs' takings claim on behalf of renters affected by the sex offender law.

In September 2010, the Court approved the plaintiff's voluntary dismissal of several claims. But the school bus stop claim based on substantive due process and vagueness remained. Then, in March 2011, the Court allowed the Plaintiffs to substitute new named plaintiffs. However, the counties in which the plaintiffs lived rescinded the bus stop designations. Accordingly, on September 30, 2013, the District Court dismissed what was left of the case, finding no remaining plaintiffs with standing to bring it. This case is closed.

Summary Authors

Justin Benson (3/3/2012)

Saeeda Joseph-Charles (11/14/2016)

Related Cases

Mann v. Georgia Department of Corrections, Georgia state supreme court (2003)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/36207441/parties/smiley-v-perdue/


Judge(s)
Attorney for Plaintiff

Bright, Stephen B. (Georgia)

Attorney for Defendant

Baker, Kay Denise (Georgia)

Blalock, William H. (Georgia)

Brantley, Overtis Hicks (Georgia)

Conner, Jerry Ann (Georgia)

show all people

Documents in the Clearinghouse

Document

4:06-cv-00140

Docket (PACER)

Smiley v. Perdue

Sept. 30, 2013

Sept. 30, 2013

Docket
1

4:06-cv-00140

Complaint - Class Action for Injunctive Relief

June 20, 2006

June 20, 2006

Complaint
7

4:06-cv-00140

Brief in Support of Motion for A Preliminary Injunction

June 21, 2006

June 21, 2006

Pleading / Motion / Brief
16

4:06-cv-00140

Order [Granting TRO]

June 27, 2006

June 27, 2006

Order/Opinion
36

4:06-cv-00140

First Amended Complaint

July 7, 2006

July 7, 2006

Complaint
44

4:06-cv-00140

Proposed Order Denying Plaintiffs’ Motion for Preliminary Injunction

July 19, 2006

July 19, 2006

Pleading / Motion / Brief
59

4:06-cv-00140

Second Amended Complaint

July 26, 2006

July 26, 2006

Complaint
67

4:06-cv-00140

Consent Order

July 28, 2006

July 28, 2006

Order/Opinion
115

4:06-cv-00140

Third Amended Complaint

June 1, 2007

June 1, 2007

Complaint
186-1

4:06-cv-00140

Plaintiffs' Brief in Support of Motion for Preliminary Injunction to Stop the State of Georgia from Criminalizing Protected Religious Activity

June 24, 2008

June 24, 2008

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/36207441/smiley-v-perdue/

Last updated March 24, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

June 20, 2006

June 20, 2006

PACER
1

Complaint

June 20, 2006

June 20, 2006

PACER
1

Complaint

June 20, 2006

June 20, 2006

PACER
1

Complaint

June 20, 2006

June 20, 2006

PACER
1

Complaint

June 20, 2006

June 20, 2006

PACER
1

CLASS ACTION COMPLAINT with jury demand filed by Plaintiffs. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Filing fee $350 receipt number 365643) (Attachments: # 1 Civil Cover Sheet and Copy of Receipt)(bjj) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

PACER
2

Summons Issued

June 20, 2006

June 20, 2006

PACER
2

Summons Issued

June 20, 2006

June 20, 2006

PACER
2

Summons Issued

June 20, 2006

June 20, 2006

PACER
2

Summons Issued

June 20, 2006

June 20, 2006

PACER
2

Summons Issued as to Governor Sonny Perdue. (bjj) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

PACER
2

Summons Issued

June 20, 2006

June 20, 2006

PACER
3

Summons Issued

June 20, 2006

June 20, 2006

PACER
3

Summons Issued

June 20, 2006

June 20, 2006

PACER
3

Summons Issued as to Thurbert E. Baker, Attorney General. (bjj) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

PACER
3

Summons Issued

June 20, 2006

June 20, 2006

PACER
3

Summons Issued

June 20, 2006

June 20, 2006

PACER
3

Summons Issued

June 20, 2006

June 20, 2006

PACER
4

Summons Issued as to Scot Dean, Chief Probation Officer. (bjj) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

PACER
4

Summons Issued

June 20, 2006

June 20, 2006

PACER
4

Summons Issued

June 20, 2006

June 20, 2006

PACER
4

Summons Issued

June 20, 2006

June 20, 2006

PACER
4

Summons Issued

June 20, 2006

June 20, 2006

PACER
4

Summons Issued

June 20, 2006

June 20, 2006

PACER
5

Summons Issued

June 20, 2006

June 20, 2006

PACER
5

Summons Issued

June 20, 2006

June 20, 2006

PACER
5

Summons Issued as to Robert Sparks, Sheriff of Polk County, GA. (bjj) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

PACER
5

Summons Issued

June 20, 2006

June 20, 2006

PACER
5

Summons Issued

June 20, 2006

June 20, 2006

PACER
5

Summons Issued

June 20, 2006

June 20, 2006

PACER
6

Order of Recusal

June 20, 2006

June 20, 2006

PACER
6

Order of Recusal

June 20, 2006

June 20, 2006

PACER
6

Order of Recusal

June 20, 2006

June 20, 2006

PACER
6

Order of Recusal

June 20, 2006

June 20, 2006

PACER
6

ORDER OF RECUSAL by Judge Harold L. Murphy. Case reassigned to Judge Clarence Cooper for all further proceedings. Signed by Judge Harold L. Murphy on 6/20/06. (bjj) (Entered: 06/21/2006)

June 20, 2006

June 20, 2006

PACER
6

Order of Recusal

June 20, 2006

June 20, 2006

PACER
1

Complaint

June 20, 2006

June 20, 2006

PACER
2

Summons Issued

June 20, 2006

June 20, 2006

PACER
3

Summons Issued

June 20, 2006

June 20, 2006

PACER
4

Summons Issued

June 20, 2006

June 20, 2006

PACER
5

Summons Issued

June 20, 2006

June 20, 2006

PACER
6

Order of Recusal

June 20, 2006

June 20, 2006

PACER

Remark

June 21, 2006

June 21, 2006

PACER

Remark

June 21, 2006

June 21, 2006

PACER

Remark

June 21, 2006

June 21, 2006

PACER

Remark

June 21, 2006

June 21, 2006

PACER

Remark

June 21, 2006

June 21, 2006

PACER

Remark

June 21, 2006

June 21, 2006

PACER
7

Motion for Preliminary Injunction

June 21, 2006

June 21, 2006

PACER
7

Motion for Preliminary Injunction

June 21, 2006

June 21, 2006

PACER
7

Motion for Preliminary Injunction

June 21, 2006

June 21, 2006

PACER
7

Motion for Preliminary Injunction

June 21, 2006

June 21, 2006

PACER
7

Motion for Preliminary Injunction

June 21, 2006

June 21, 2006

PACER

Remark: All Counsel, Please note that this Civil Action has been reassigned to Judge Clarence Cooper, therefore please ensure any pleadings filed reflect the initials of "CC" in the style. (bjj)

June 21, 2006

June 21, 2006

PACER
7

DOCUMENT FILED WITH SEVERAL ERRORS MOTION for Preliminary Injunction with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Brief Brief in Support of Motion for Preliminary Injunction# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Appendix Index of Exhibits)(Geraghty, Sarah) Modified on 6/22/2006 to restrict document access (bjj). (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

PACER

Remark

June 21, 2006

June 21, 2006

PACER
7

Motion for Preliminary Injunction

June 21, 2006

June 21, 2006

PACER
8

Motion for Preliminary Injunction

June 22, 2006

June 22, 2006

PACER
8

Motion for Preliminary Injunction

June 22, 2006

June 22, 2006

PACER
8

Motion for Preliminary Injunction

June 22, 2006

June 22, 2006

PACER
8

Motion for Preliminary Injunction

June 22, 2006

June 22, 2006

PACER
8

Motion for Preliminary Injunction

June 22, 2006

June 22, 2006

PACER
8

MOTION for Preliminary Injunction with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Brief Brief in Support of Preliminary Injunction# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Appendix Index of Exhibits)(Geraghty, Sarah) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

PACER
9

Motion for TRO

June 22, 2006

June 22, 2006

PACER
9

Motion for TRO

June 22, 2006

June 22, 2006

PACER
9

Motion for TRO

June 22, 2006

June 22, 2006

PACER
9

Motion for TRO

June 22, 2006

June 22, 2006

PACER
9

Motion for TRO

June 22, 2006

June 22, 2006

PACER
9

MOTION for Temporary Restraining Order with Brief In Support by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver. (Attachments: # 1 Brief Brief in Support of Motion for Temporary Restraining Order# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Appendix Index of Exhibits)(Geraghty, Sarah) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

PACER
8

Motion for Preliminary Injunction

June 22, 2006

June 22, 2006

PACER
9

Motion for TRO

June 22, 2006

June 22, 2006

PACER
10

Certificate of Service

June 23, 2006

June 23, 2006

PACER
10

Certificate of Service

June 23, 2006

June 23, 2006

PACER
10

Certificate of Service

June 23, 2006

June 23, 2006

PACER
10

Certificate of Service

June 23, 2006

June 23, 2006

PACER
10

Certificate of Service

June 23, 2006

June 23, 2006

PACER
10

DOCUMENT NOT CAPTIONED/STYLEDCERTIFICATE OF SERVICE re 9 MOTION for Temporary Restraining Order filed by Janet Jenkins Allison, James Victor Wilson, Wendy Whitaker, Jeffery York, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver (Geraghty, Sarah) Modified on 6/23/2006 to restrict document access (bjj). (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
11

Notice of Appearance

June 23, 2006

June 23, 2006

PACER
11

Notice of Appearance

June 23, 2006

June 23, 2006

PACER
11

Notice of Appearance

June 23, 2006

June 23, 2006

PACER
11

Notice of Appearance

June 23, 2006

June 23, 2006

PACER
11

Notice of Appearance

June 23, 2006

June 23, 2006

PACER
11

NOTICE of Appearance by Devon Orland on behalf of Sonny Perdue, Thurbert E. Baker, Scot Dean (Orland, Devon) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

PACER
10

Certificate of Service

June 23, 2006

June 23, 2006

PACER
11

Notice of Appearance

June 23, 2006

June 23, 2006

PACER
12

Notice (Other)

June 26, 2006

June 26, 2006

PACER
12

Notice (Other)

June 26, 2006

June 26, 2006

PACER
12

Notice (Other)

June 26, 2006

June 26, 2006

PACER
12

Notice (Other)

June 26, 2006

June 26, 2006

PACER
12

Notice (Other)

June 26, 2006

June 26, 2006

PACER
12

NOTICE by Janet Jenkins Allison, Wendy Whitaker, Dewayne Owens, Al Reginald Marks, Lori Sue Collins, Joel Jones, Joseph Linaweaver re 9 MOTION for Temporary Restraining Order of Filing of Additional Exhibits (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8)(Geraghty, Sarah) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

PACER
13

Notice of Appearance

June 26, 2006

June 26, 2006

PACER
13

Notice of Appearance

June 26, 2006

June 26, 2006

PACER
13

Notice of Appearance

June 26, 2006

June 26, 2006

PACER
13

Notice of Appearance

June 26, 2006

June 26, 2006

PACER
13

Notice of Appearance

June 26, 2006

June 26, 2006

PACER
13

NOTICE of Appearance by Joseph J. Drolet on behalf of Sonny Perdue, Thurbert E. Baker, Scot Dean, Robert Sparks (Drolet, Joseph) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

PACER
14

Notice of Appearance

June 26, 2006

June 26, 2006

PACER
14

Notice of Appearance

June 26, 2006

June 26, 2006

PACER
14

Notice of Appearance

June 26, 2006

June 26, 2006

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 20, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who registered with the State of Georgia as sex offenders on or before July 1, 2006 and who reside within 1000 feet of a currently-designated school bus stop or a school bus stop designated in the future

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Georgia, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Ex Post Facto

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

General:

Sex offender regulation