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Case Name Does, 1-104 v. Wasden CJ-ID-0003
Docket / Court 1:16-cv-00429 ( D. Idaho )
State/Territory Idaho
Case Type(s) Criminal Justice (Other)
Case Summary
On September 22, 2016, this complaint was filed under 42 U.S.C. §1983 on behalf of 104 unnamed sexual offenders, identified as John or Jane Does, in the U.S. District Court for the Southern District of Idaho against the Idaho Attorney General, the Idaho Department of Corrections, and the Idaho ... read more >
On September 22, 2016, this complaint was filed under 42 U.S.C. §1983 on behalf of 104 unnamed sexual offenders, identified as John or Jane Does, in the U.S. District Court for the Southern District of Idaho against the Idaho Attorney General, the Idaho Department of Corrections, and the Idaho State Police Force. The plaintiffs alleged that Idaho’s Sexual Offender Registration Notification and Community Right-to-Know Act was unconstitutionally vague in violation of the Due Process and the Ex Post Facto clauses of the U.S. Constitution. The plaintiffs also alleged that the Sex Offender Registry and accompanying statutes further violated the Substantive Due Process, Equal Protection, Double Jeopardy, Contracts, and Takings clauses of the U.S. and Idaho Constitutions.

The plaintiffs were from across the country. Most were convicted of sexual offenses in 1980s and 1990s. One of their major complaints was that subsequent amendments to Idaho’s sex-offender registry laws amounted to unconstitutional retroactive punishment. For example, John Doe 100, of Bannock County, was convicted of a misdemeanor sexual offense in Montana in 1996. His offense did not require registration in Montana. He moved to Idaho in 2005 and was not required to register until 2007, 11 years after his conviction, when Idaho authorities reclassified his offense as a felony rather than the original misdemeanor.

The plaintiffs sought a permanent order to stop the state and its counties from enforcing specific provisions of the Sex Offender Registry and accompanying statutes and laws. An amended complaint was filed on Apr. 26, 2017, which argued that the defendants further violated the plaintiffs' rights to: acquire, possess and protect property; seek and obtain safety and happiness; travel, life and liberty; and freedom of association and religion protected by the U.S. and Idaho Constitutions. The complaint argued that the Registry and accompanying laws were unconstitutional both facially and as-applied.

The case was assigned to Judge David C. Nye on Aug. 2, 2017.

On Nov. 17, 2017, the defendants filed a motion to dismiss for failure to state a claim. A hearing was held on March 6, 2018 before Judge Nye. On May 17, 2018, Judge Nye granted the defendants’ motion to dismiss and granted the plaintiffs leave to file a second amended complaint to cure deficiencies identified. Specifically, the plaintiffs must identify actual harms suffered by one or more “Does” and present sufficient facts upon which the court can make a reasoned decision. 2018 WL 2275220.

On August 30, 2018, the plaintiffs filed the second amended complaint against the defendants. The defendants filed another motion to dismiss on October 18, 2018. A hearing was held on March 12, 2019.

On April 5, 2019, Judge Nye granted the motion to dismiss again and dismissed the second amended complaint with prejudice. The court reasoned that the plaintiffs added facts with respect to twelve defendants in the second amended complaint but failed to tie such facts to specific constitutional violations and allege essential details that would allow the court to evaluate whether any of the allegations are plausible. The plaintiffs also ignored most of the arguments raised in the defendants’ motion to dismiss and failed to cite any binding authority to support their arguments. Accordingly, Judge Nye dismissed this case. 2019 WL 1508037.

On May 5, 2019, the plaintiffs appealed this decision to the U.S. Court of Appeals for the Ninth Circuit. As of January 20, 2020, this case is pending in the Court of Appeals.

Ginny Lee - 02/09/2017
Virginia Weeks - 01/27/2018
Sichun Liu - 01/20/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Ex Post Facto
Takings
Defendant-type
Corrections
Law-enforcement
General
Classification / placement
Confidentiality
Records Disclosure
Sex offender regulation
Causes of Action 42 U.S.C. § 1983
Defendant(s) John and Jane Does 1-104
Plaintiff Description More than 100 sex offenders from across the state and around the country. Most were convicted of sexual offenses in the 1980s and 1990s.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filed 09/22/2016
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
1:16-cv-00429 (D. Idaho)
CJ-ID-0003-9000.pdf | Detail
Date: 06/24/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive and Declaratory Relief [ECF# 1]
CJ-ID-0003-0001.pdf | Detail
Date: 09/22/2016
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Injunctive and Declaratory Relief [ECF# 4]
CJ-ID-0003-0003.pdf | Detail
Date: 04/26/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum Decision and Order [ECF# 32] (2018 WL 2275220) (D. Idaho)
CJ-ID-0003-0004.pdf | WESTLAW | Detail
Date: 05/17/2018
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Injunctive and Declaratory Relief [ECF# 36]
CJ-ID-0003-0005.pdf | Detail
Date: 08/30/2018
Source: PACER [Public Access to Court Electronic Records]
Memorandum Decision and Order [ECF# 47] (2019 WL 1508037) (D. Idaho)
CJ-ID-0003-0006.pdf | WESTLAW | Detail
Date: 04/05/2019
Source: PACER [Public Access to Court Electronic Records]
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Judges Nye, David Charles (D. Idaho) show/hide docs
CJ-ID-0003-0004 | CJ-ID-0003-0006 | CJ-ID-0003-9000
Plaintiff's Lawyers Brown, Daniel S. (Idaho) show/hide docs
CJ-ID-0003-0001 | CJ-ID-0003-0003 | CJ-ID-0003-9000
Fuller, Greg J. (Idaho) show/hide docs
CJ-ID-0003-0001 | CJ-ID-0003-0003 | CJ-ID-0003-0005 | CJ-ID-0003-9000
Defendant's Lawyers Smith, Clay R (Idaho) show/hide docs
CJ-ID-0003-9000

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