Case: Does, 1-104 v. Wasden

1:16-cv-00429 | U.S. District Court for the District of Idaho

Filed Date: Sept. 22, 2016

Case Ongoing

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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 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 Po…

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.

Summary Authors

Ginny Lee (2/9/2017)

Virginia Weeks (1/27/2018)

Sichun Liu (1/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4506175/parties/john-and-jane-does-1-104-v-wasden/


Judge(s)
Attorney for Plaintiff

Andersen, Charles Matthew (Idaho)

Attorney for Defendant

Allen, Kara A (Idaho)

Angell, Sam L. (Idaho)

Ballew, Sara T. (Idaho)

Expert/Monitor/Master/Other

Beach, Paul B (Idaho)

Judge(s)

Nye, David Charles (Idaho)

Winmill, B. Lynn (Idaho)

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Documents in the Clearinghouse

Document

1:16-cv-00429

Docket [PACER]

June 24, 2019

June 24, 2019

Docket
1

1:16-cv-00429

Complaint for Injunctive and Declaratory Relief

Sept. 22, 2016

Sept. 22, 2016

Complaint
4

1:16-cv-00429

Amended Complaint for Injunctive and Declaratory Relief

Does 1-134 v. Wasden

April 26, 2017

April 26, 2017

Complaint
32

1:16-cv-00429

Memorandum Decision and Order

May 17, 2018

May 17, 2018

Order/Opinion

2018 WL 2018

36

1:16-cv-00429

Amended Complaint for Injunctive and Declaratory Relief

Aug. 30, 2018

Aug. 30, 2018

Complaint
47

1:16-cv-00429

Memorandum Decision and Order

April 5, 2019

April 5, 2019

Order/Opinion

2019 WL 2019

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4506175/john-and-jane-does-1-104-v-wasden/

Last updated Feb. 20, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT For Injunctive and Declaratory Relief against All Defendants ( Filing fee $ 400 receipt number 0976-1495323.), filed by All Plaintiffs. (Attachments: # 1 Complaint Part II, # 2 Cover Sheet)(Fuller, Greg) Modified on 9/23/2016 (cjs).

1 Complaint Part II

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2 Cover Sheet

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Sept. 22, 2016

Sept. 22, 2016

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2

STATUS REPORT by John and Jane Does 1-104. (Fuller, Greg)

Dec. 21, 2016

Dec. 21, 2016

PACER
3

MOTION to Add Plaintiff by Movant John Doe 109. Responses due by 3/9/2017 (Attachments: # 1 envelope)(st) (Entered: 02/17/2017)

1 envelope

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Feb. 16, 2017

Feb. 16, 2017

PACER
4

AMENDED COMPLAINT For Injunctive and Declaratory Relief against All Defendants, filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Fuller, Greg)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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April 26, 2017

April 26, 2017

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5

Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: # 1 Summonses, # 2 Summonses, # 3 Summonses, # 4 Summonses, # 5 Summonses, # 6 Summonses, # 7 Summonses) (km)

1 Summonses

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2 Summonses

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3 Summonses

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4 Summonses

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5 Summonses

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6 Summonses

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7 Summonses

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April 27, 2017

April 27, 2017

PACER
6

NOTICE by John and Jane Does 1-104 Status Report (Fuller, Greg)

June 3, 2017

June 3, 2017

PACER
7

DOCKET ENTRY ORDER: On February 16, 2017, a person identified only as Plaintiff 109 asked to be added to the complaint. See Dkt. 3. Thereafter, an amended complaint was filed, adding various plaintiffs to the complaint, including a plaintiff identified as Plaintiff 109. Accordingly, the Court DEEMS AS MOOT the earlier-filed Motion to Add Plaintiff at Dkt. 3 Signed B. Lynn Winmill (mls)

July 12, 2017

July 12, 2017

PACER

DOCKET ENTRY NOTICE of Case Number Change. Please use this case number on all future pleadings, 1:16-cv-00429-DCN. (km)

Aug. 2, 2017

Aug. 2, 2017

PACER

Notice of Case Number Change

Aug. 2, 2017

Aug. 2, 2017

PACER
8

DOCKET ENTRY ORDER - IT IS HEREBY ORDERED that this case is reassigned to the Honorable David C. Nye for all further proceedings. Judge B. Lynn Winmill no longer assigned to case. Signed by Judge B. Lynn Winmill. (km)

Aug. 2, 2017

Aug. 2, 2017

PACER
9

AFFIDAVIT of Service for Amended Complaint for Injunctive Relief, filed by John and Jane Does 1-134., SUMMONS Returned Executed by John and Jane Does 1-134. Lawrence Wasden served on 7/7/2017, answer due 7/28/2017. (Fuller, Greg)

Aug. 7, 2017

Aug. 7, 2017

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10

WAIVER OF SERVICE Returned Executed by Eric Snarr, Joe Rodriguez, Kiernan Donahue, Jeffrey Betts, Charles Rolland, Lorin Nielsen, Kevin Kempf, Lawrence Wasden, Brent T Bunn, Lynn Bowerman, Stephen Bartlett, Sexual Offender Management Board, David Fryar, Shawn Gough, Steve Anderson, Ben Wolfinger, Paul J Wilde, Ralph Powell, Jim Kacqmarek, Rick Layher, Paula Garay, Kevin Ellis, Patti Bolen, Kimberly Simmons, Michael Haderlie, Jay Heward, Christina Iverson, Doug McFall, Moira Lynch, Terry Kirkham, Jean Fisher, William Crawford, Matthew Thomas, Erwin Sonnenberg, Chris Goetz, Jon Burnham, Tom Carter, Tony Liford, Craig T Rowland. Eric Snarr waiver sent on 9/5/2017, answer due 11/6/2017; Joe Rodriguez waiver sent on 9/5/2017, answer due 11/6/2017; Kiernan Donahue waiver sent on 9/5/2017, answer due 11/6/2017; Jeffrey Betts waiver sent on 9/5/2017, answer due 11/6/2017; Charles Rolland waiver sent on 9/5/2017, answer due 11/6/2017; Lorin Nielsen waiver sent on 9/5/2017, answer due 11/6/2017; Kevin Kempf waiver sent on 9/5/2017, answer due 11/6/2017; Lawrence Wasden waiver sent on 9/5/2017, answer due 11/6/2017; Brent T Bunn waiver sent on 9/5/2017, answer due 11/6/2017; Lynn Bowerman waiver sent on 9/5/2017, answer due 11/6/2017; Stephen Bartlett waiver sent on 9/5/2017, answer due 11/6/2017; Sexual Offender Management Board waiver sent on 9/5/2017, answer due 11/6/2017; David Fryar waiver sent on 9/5/2017, answer due 11/6/2017; Shawn Gough waiver sent on 9/5/2017, answer due 11/6/2017; Steve Anderson waiver sent on 9/5/2017, answer due 11/6/2017; Ben Wolfinger waiver sent on 9/5/2017, answer due 11/6/2017; Paul J Wilde waiver sent on 9/5/2017, answer due 11/6/2017; Ralph Powell waiver sent on 9/5/2017, answer due 11/6/2017; Jim Kacqmarek waiver sent on 9/5/2017, answer due 11/6/2017; Rick Layher waiver sent on 9/5/2017, answer due 11/6/2017; Paula Garay waiver sent on 9/5/2017, answer due 11/6/2017; Kevin Ellis waiver sent on 9/5/2017, answer due 11/6/2017; Patti Bolen waiver sent on 9/5/2017, answer due 11/6/2017; Kimberly Simmons waiver sent on 9/5/2017, answer due 11/6/2017; Michael Haderlie waiver sent on 9/5/2017, answer due 11/6/2017; Jay Heward waiver sent on 9/5/2017, answer due 11/6/2017; Christina Iverson waiver sent on 9/5/2017, answer due 11/6/2017; Doug McFall waiver sent on 9/5/2017, answer due 11/6/2017; Moira Lynch waiver sent on 9/5/2017, answer due 11/6/2017; Terry Kirkham waiver sent on 9/5/2017, answer due 11/6/2017; Jean Fisher waiver sent on 9/5/2017, answer due 11/6/2017; William Crawford waiver sent on 9/5/2017, answer due 11/6/2017; Matthew Thomas waiver sent on 9/5/2017, answer due 11/6/2017; Erwin Sonnenberg waiver sent on 9/5/2017, answer due 11/6/2017; Chris Goetz waiver sent on 9/5/2017, answer due 11/6/2017; Jon Burnham waiver sent on 9/5/2017, answer due 11/6/2017; Tom Carter waiver sent on 9/5/2017, answer due 11/6/2017; Tony Liford waiver sent on 9/5/2017, answer due 11/6/2017; Craig T Rowland waiver sent on 9/5/2017, answer due 11/6/2017; Michael Johnston waiver sent on 9/5/2017, answer due 11/6/2017. (Olsen, Steven)

Sept. 25, 2017

Sept. 25, 2017

PACER
12

ORDER GRANTING CONSENT MOTION FOR EXTENSION OF TIME TO FILE ANSWER OR OTHER RESPONSE TO AMENDED COMPLAINT granting 11 Motion for Extension of Time to Answer. Steve Anderson, Stephen Bartlett, Jeffrey Betts, Patti Bolen, Lynn Bowerman, Brent T Bunn, Jon Burnham, Tom Carter, William Crawford, Kiernan Donahue, Kevin Ellis, Jean Fisher, David Fryar, Paula Garay, Chris Goetz, Shawn Gough, Michael Haderlie, Jay Heward, Christina Iverson, Michael Johnston, Jim Kacqmarek, Kevin Kempf, Terry Kirkham, Rick Layher, Tony Liford, Moira Lynch, Doug McFall, Lorin Nielsen, Ralph Powell, Joe Rodriguez, Charles Rolland, Craig T Rowland, Sexual Offender Management Board, Kimberly Simmons, Eric Snarr, Erwin Sonnenberg, Matthew Thomas, Lawrence Wasden, Paul J Wilde, and Ben Wolfinger answer due 11/17/2017. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

Oct. 27, 2017

Oct. 27, 2017

PACER
11

Consent MOTION for Extension of Time to File Answer re 4 Amended Complaint Clay R Smith appearing for Defendants Steve Anderson, Stephen Bartlett, Jeffrey Betts, Patti Bolen, Lynn Bowerman, Brent T Bunn, Jon Burnham, Tom Carter, William Crawford, Kiernan Donahue, Kevin Ellis, Jean Fisher, David Fryar, Paula Garay, Chris Goetz, Shawn Gough, Michael Haderlie, Jay Heward, Christina Iverson, Michael Johnston, Jim Kacqmarek, Kevin Kempf, Terry Kirkham, Rick Layher, Tony Liford, Moira Lynch, Doug McFall, Lorin Nielsen, Ralph Powell, Joe Rodriguez, Charles Rolland, Craig T Rowland, Sexual Offender Management Board, Kimberly Simmons, Eric Snarr, Erwin Sonnenberg, Matthew Thomas, Lawrence Wasden, Paul J Wilde, Ben Wolfinger. Responses due by 11/17/2017 (Smith, Clay)

Oct. 27, 2017

Oct. 27, 2017

PACER
13

MOTION for Leave to File Excess Pages Clay R Smith appearing for Defendants Steve Anderson, Stephen Bartlett, Jeffrey Betts, Patti Bolen, Lynn Bowerman, Brent T Bunn, Jon Burnham, Tom Carter, William Crawford, Kiernan Donahue, Kevin Ellis, Jean Fisher, David Fryar, Paula Garay, Chris Goetz, Shawn Gough, Michael Haderlie, Jay Heward, Christina Iverson, Michael Johnston, Jim Kacqmarek, Kevin Kempf, Terry Kirkham, Rick Layher, Tony Liford, Moira Lynch, Doug McFall, Lorin Nielsen, Ralph Powell, Joe Rodriguez, Charles Rolland, Craig T Rowland, Sexual Offender Management Board, Kimberly Simmons, Richard Skiles, Eric Snarr, Erwin Sonnenberg, Matthew Thomas, Lawrence Wasden, Paul J Wilde, Ben Wolfinger. Responses due by 12/7/2017 (Smith, Clay)

Nov. 16, 2017

Nov. 16, 2017

PACER
15

Motion to Dismiss for Failure to State a Claim Clay R Smith appearing for Defendants Steve Anderson, Stephen Bartlett, Jeffrey Betts, Patti Bolen, Lynn Bowerman, Brent T Bunn, Jon Burnham, Tom Carter, William Crawford, Kiernan Donahue, Kevin Ellis, Jean Fisher, David Fryar, Paula Garay, Chris Goetz, Shawn Gough, Michael Haderlie, Jay Heward, Christina Iverson, Michael Johnston, Jim Kacqmarek, Kevin Kempf, Terry Kirkham, Rick Layher, Tony Liford, Moira Lynch, Doug McFall, Lorin Nielsen, Ralph Powell, Joe Rodriguez, Charles Rolland, Craig T Rowland, Sexual Offender Management Board, Kimberly Simmons, Richard Skiles, Eric Snarr, Erwin Sonnenberg, Matthew Thomas, Lawrence Wasden, Paul J Wilde, Ben Wolfinger. Responses due by 12/8/2017 (Attachments: # 1 Memorandum in Support)(Smith, Clay)

1 Memorandum in Support

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Nov. 17, 2017

Nov. 17, 2017

PACER
14

ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO FILE EXCESS PAGES granting 13 Motion for Leave to File Excess Pages. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

Nov. 17, 2017

Nov. 17, 2017

PACER
16

Consent MOTION for Extension of Time to File Response/Reply Greg J Fuller appearing for Plaintiff John and Jane Does 1-134. Responses due by 12/27/2017 (Fuller, Greg)

Dec. 6, 2017

Dec. 6, 2017

PACER
17

ORDER granting 16 Motion for Extension of Time to File Response/Reply re 15 Motion to Dismiss for Failure to State a Claim . Responses due by 1/8/2018. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

Dec. 7, 2017

Dec. 7, 2017

PACER
18

Consent MOTION for Extension of Time to File Response/Reply Greg J Fuller appearing for Plaintiff John and Jane Does 1-134. Responses due by 1/26/2018 (Fuller, Greg)

Jan. 5, 2018

Jan. 5, 2018

PACER
19

ORDER GRANTING SECOND CONSENT MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENDANTS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM granting 18 Motion for Extension of Time to File Response/Reply re 15 Motion to Dismiss for Failure to State a Claim. Responses due by 1/22/2018. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Jan. 8, 2018

Jan. 8, 2018

PACER
21

MOTION for Leave to File Excess Pages Greg J Fuller appearing for Plaintiff John and Jane Does 1-134. Responses due by 2/12/2018 (Fuller, Greg)

Jan. 22, 2018

Jan. 22, 2018

PACER
20

RESPONSE to Motion re 15 Motion to Dismiss for Failure to State a Claim filed by John and Jane Does 1-134. Replies due by 2/5/2018.(Fuller, Greg)

Jan. 22, 2018

Jan. 22, 2018

PACER

Set Motion and R&R Deadlines/Hearings

Jan. 23, 2018

Jan. 23, 2018

PACER

Set/Reset Deadlines as to 15 Motion to Dismiss for Failure to State a Claim . Responses due by 2/2/2018 (Per Order, dkt #22)(st)

Jan. 23, 2018

Jan. 23, 2018

PACER
22

ORDER RE: MOTION FOR LEAVE TO FILE EXCESS PAGES. Plaintiffs' Motion for Leave to File Excess Pages 21 is DENIED in PART and GRANTED in Part. Plaintiffs' current Response (Dkt. 20) is stricken from the docket. Plaintiffs' shall file their amended response by 2/2/2018. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

Jan. 23, 2018

Jan. 23, 2018

PACER
23

DOCKET ENTRY NOTICE of Hearing on 15 Motion to Dismiss for Failure to State a Claim : Hearing set for 2/20/2018 at 02:00 PM in Boise - Courtroom 1 before Judge David C. Nye. (ab)

Jan. 29, 2018

Jan. 29, 2018

PACER
24

RESPONSE to Motion re 15 Motion to Dismiss for Failure to State a Claim filed by John and Jane Does 1-134. Replies due by 2/16/2018.(Fuller, Greg)

Feb. 2, 2018

Feb. 2, 2018

PACER
25

NOTICE of Appearance by Greg J Fuller on behalf of John and Jane Does 1-134 (Fuller, Greg)

Feb. 9, 2018

Feb. 9, 2018

PACER
26

REPLY to Response to Motion re 15 Motion to Dismiss for Failure to State a Claim filed by Steve Anderson, Stephen Bartlett, Jeffrey Betts, Patti Bolen, Lynn Bowerman, Brent T Bunn, Jon Burnham, Tom Carter, William Crawford, Kiernan Donahue, Kevin Ellis, Jean Fisher, David Fryar, Paula Garay, Chris Goetz, Shawn Gough, Michael Haderlie, Jay Heward, Christina Iverson, Michael Johnston, Jim Kacqmarek, Kevin Kempf, Terry Kirkham, Rick Layher, Tony Liford, Moira Lynch, Doug McFall, Lorin Nielsen, Ralph Powell, Joe Rodriguez, Charles Rolland, Craig T Rowland, Sexual Offender Management Board, Kimberly Simmons, Richard Skiles, Eric Snarr, Erwin Sonnenberg, Matthew Thomas, Lawrence Wasden, Paul J Wilde, Ben Wolfinger.(Smith, Clay)

Feb. 12, 2018

Feb. 12, 2018

PACER
27

AMENDED DOCKET ENTRY NOTICE of Hearing on 15 Motion to Dismiss for Failure to State a Claim : Hearing reset for 3/6/2018 at 03:00 PM in Boise - Courtroom 1 before Judge David C. Nye. (ab)

Feb. 16, 2018

Feb. 16, 2018

PACER
28

Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 3/6/2018 re 15 Motion to Dismiss for Failure to State a Claim filed by Defendants. Matter is deemed UNDER ADVISEMENT and the Court will issue a Written Decision. (Court Reporter/ESR Katherine Eismann.) (paf) (Entered: 03/07/2018)

March 6, 2018

March 6, 2018

PACER
29

NOTICE by Steve Anderson, Stephen Bartlett, Jeffrey Betts, Patti Bolen, Lynn Bowerman, Brent T Bunn, Jon Burnham, Tom Carter, William Crawford, Kiernan Donahue, Kevin Ellis, Jean Fisher, David Fryar, Paula Garay, Chris Goetz, Shawn Gough, Michael Haderlie, Jay Heward, Christina Iverson, Michael Johnston, Jim Kacqmarek, Kevin Kempf, Terry Kirkham, Rick Layher, Tony Liford, Moira Lynch, Doug McFall, Lorin Nielsen, Ralph Powell, Joe Rodriguez, Charles Rolland, Craig T Rowland, Sexual Offender Management Board, Kimberly Simmons, Richard Skiles, Eric Snarr, Erwin Sonnenberg, Matthew Thomas, Lawrence Wasden, Paul J Wilde, Ben Wolfinger of Supplemental Authority (Attachments: # 1 Attachment - State v. Kinney)(Smith, Clay)

1 Attachment - State v. Kinney

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April 4, 2018

April 4, 2018

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31

AMENDED DOCUMENT by Steve Anderson, Stephen Bartlett, Jeffrey Betts, Patti Bolen, Lynn Bowerman, Brent T Bunn, Jon Burnham, Tom Carter, William Crawford, John Doe 109, Kiernan Donahue, Kevin Ellis, Jean Fisher, David Fryar, Paula Garay, Chris Goetz, Shawn Gough, Michael Haderlie, Jay Heward, Christina Iverson, Michael Johnston, Jim Kacqmarek, Kevin Kempf, Terry Kirkham, Rick Layher, Tony Liford, Moira Lynch, Doug McFall, Lorin Nielsen, Ralph Powell, Joe Rodriguez, Charles Rolland, Craig T Rowland, Sexual Offender Management Board, Kimberly Simmons, Richard Skiles, Eric Snarr, Erwin Sonnenberg, Matthew Thomas, Lawrence Wasden, Paul J Wilde, Ben Wolfinger. . (Olsen, Steven)

April 18, 2018

April 18, 2018

PACER
30

NOTICE of Substitution - Attorney Steven Lamar Olsen for Steve Anderson,Steven Lamar Olsen for Stephen Bartlett,Steven Lamar Olsen for Jeffrey Betts,Steven Lamar Olsen for Patti Bolen,Steven Lamar Olsen for Lynn Bowerman,Steven Lamar Olsen for Brent T Bunn,Steven Lamar Olsen for Jon Burnham,Steven Lamar Olsen for Tom Carter,Steven Lamar Olsen for William Crawford,Steven Lamar Olsen for Kiernan Donahue,Steven Lamar Olsen for Kevin Ellis,Steven Lamar Olsen for Jean Fisher,Steven Lamar Olsen for David Fryar,Steven Lamar Olsen for Paula Garay,Steven Lamar Olsen for Chris Goetz,Steven Lamar Olsen for Shawn Gough,Steven Lamar Olsen for Michael Haderlie,Steven Lamar Olsen for Jay Heward,Steven Lamar Olsen for Christina Iverson,Steven Lamar Olsen for Michael Johnston,Steven Lamar Olsen for Jim Kacqmarek,Steven Lamar Olsen for Kevin Kempf,Steven Lamar Olsen for Terry Kirkham,Steven Lamar Olsen for Rick Layher,Steven Lamar Olsen for Tony Liford,Steven Lamar Olsen for Moira Lynch,Steven Lamar Olsen for Doug McFall,Steven Lamar Olsen for Lorin Nielsen,Steven Lamar Olsen for Ralph Powell,Steven Lamar Olsen for Joe Rodriguez,Steven Lamar Olsen for Charles Rolland,Steven Lamar Olsen for Craig T Rowland,Steven Lamar Olsen for Sexual Offender Management Board,Steven Lamar Olsen for Kimberly Simmons,Steven Lamar Olsen for Richard Skiles,Steven Lamar Olsen for Eric Snarr,Steven Lamar Olsen for Erwin Sonnenberg,Steven Lamar Olsen for Matthew Thomas,Steven Lamar Olsen for Lawrence Wasden,Steven Lamar Olsen for Paul J Wilde,Steven Lamar Olsen for Ben Wolfinger added. Attorney Clay R Smith terminated. (Olsen, Steven)

April 18, 2018

April 18, 2018

PACER
32

MEMORANDUM DECISION AND ORDER - 1. Defendants Motion to Dismiss (Dkt. 15 ) is GRANTED. 2. Plaintiffs are GRANTED LEAVE to file a second amended complaint to cure deficiencies identified in this decision. Plaintiffs have 60 days to file their second amended complaint. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

May 17, 2018

May 17, 2018

RECAP
33

Consent MOTION for Extension of Time to Amend Complaint Greg J Fuller appearing for Plaintiff John and Jane Does 1-134. Responses due by 7/27/2018 (Fuller, Greg)

July 6, 2018

July 6, 2018

PACER

Set Deadlines/Hearings

July 9, 2018

July 9, 2018

PACER

Set Deadlines/Hearings: Second Amended Complaint due by 8/30/2018. (km)

July 9, 2018

July 9, 2018

PACER
34

ORDER GRANTING CONSENT MOTION FOR EXTENSION OF TIME TO FILE SECOND AMENDED COMPLAINT. IT IS HEREBY ORDERED that Plaintiffs Consent Motion for Extension of Time to File Second Amended Complaint (Dkt. 33 ) is GRANTED. The Plaintiffs will have until August 30, 2018, to file a Second Amended Complaint. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)

July 9, 2018

July 9, 2018

PACER
35

NOTICE of Appearance by Peter L Wucetich on behalf of All Defendants (Wucetich, Peter)

Aug. 8, 2018

Aug. 8, 2018

PACER
36

AMENDED COMPLAINT PART II against All Defendants, filed by All Plaintiffs.(Fuller, Greg)

Aug. 30, 2018

Aug. 30, 2018

RECAP
37

Consent MOTION for Extension of Time to File Answer or Response to Amended Complaint Steven Lamar Olsen appearing for Defendants Steve Anderson, Stephen Bartlett, Jeffrey Betts, Patti Bolen, Lynn Bowerman, Brent T Bunn, Jon Burnham, Tom Carter, William Crawford, Kiernan Donahue, Kevin Ellis, Jean Fisher, David Fryar, Paula Garay, Chris Goetz, Shawn Gough, Michael Haderlie, Jay Heward, Christina Iverson, Michael Johnston, Jim Kacqmarek, Kevin Kempf, Terry Kirkham, Rick Layher, Tony Liford, Moira Lynch, Doug McFall, Lorin Nielsen, Ralph Powell, Joe Rodriguez, Charles Rolland, Craig T Rowland, Sexual Offender Management Board, Kimberly Simmons, Eric Snarr, Erwin Sonnenberg, Matthew Thomas, Lawrence Wasden. Responses due by 10/4/2018 (Olsen, Steven)

Sept. 13, 2018

Sept. 13, 2018

PACER

Notice of Removal of Attorney From Electronic Notice

Sept. 14, 2018

Sept. 14, 2018

PACER

NOTICE TO COURT that counsel Peter L. Wucetich wishes to no longer be noticed electronically on this case as of the date of this notice. (Olsen, Steven)

Sept. 14, 2018

Sept. 14, 2018

PACER
38

DOCKET ENTRY ORDER. Pursuant to the unopposed Motion for Extension of Time (Dkt. 37 ), the same is hereby GRANTED. Defendants shall have until October 18, 2018, to file an answer or otherwise respond. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)

Sept. 14, 2018

Sept. 14, 2018

PACER
39

NOTICE of Substitution - Attorney Chris Kronberg for Steve Anderson,Chris Kronberg for Stephen Bartlett,Chris Kronberg for Jeffrey Betts,Chris Kronberg for Patti Bolen,Chris Kronberg for Lynn Bowerman,Chris Kronberg for Brent T Bunn,Chris Kronberg for Jon Burnham,Chris Kronberg for Tom Carter,Chris Kronberg for William Crawford,Chris Kronberg for Kiernan Donahue,Chris Kronberg for Kevin Ellis,Chris Kronberg for Jean Fisher,Chris Kronberg for David Fryar,Chris Kronberg for Paula Garay,Chris Kronberg for Chris Goetz,Chris Kronberg for Shawn Gough,Chris Kronberg for Michael Haderlie,Chris Kronberg for Jay Heward,Chris Kronberg for Christina Iverson,Chris Kronberg for Michael Johnston,Chris Kronberg for Jim Kacqmarek,Chris Kronberg for Kevin Kempf,Chris Kronberg for Terry Kirkham,Chris Kronberg for Rick Layher,Chris Kronberg for Tony Liford,Chris Kronberg for Moira Lynch,Chris Kronberg for Doug McFall,Chris Kronberg for Lorin Nielsen,Chris Kronberg for Ralph Powell,Chris Kronberg for Joe Rodriguez,Chris Kronberg for Charles Rolland,Chris Kronberg for Craig T Rowland,Chris Kronberg for Sexual Offender Management Board,Chris Kronberg for Kimberly Simmons,Chris Kronberg for Richard Skiles,Chris Kronberg for Eric Snarr,Chris Kronberg for Erwin Sonnenberg,Chris Kronberg for Matthew Thomas,Chris Kronberg for Lawrence Wasden,Chris Kronberg for Paul J Wilde,Chris Kronberg for Ben Wolfinger added. Attorney Clay R Smith and Peter L Wucetich terminated. (Kronberg, Chris)

Oct. 2, 2018

Oct. 2, 2018

PACER
40

MOTION to Dismiss Chris Kronberg appearing for Defendants Steve Anderson, Stephen Bartlett, Jeffrey Betts, Patti Bolen, Lynn Bowerman, Brent T Bunn, Jon Burnham, Tom Carter, William Crawford, Kiernan Donahue, Kevin Ellis, Jean Fisher, David Fryar, Paula Garay, Chris Goetz, Shawn Gough, Michael Haderlie, Jay Heward, Christina Iverson, Michael Johnston, Jim Kacqmarek, Kevin Kempf, Terry Kirkham, Rick Layher, Tony Liford, Moira Lynch, Doug McFall, Lorin Nielsen, Ralph Powell, Joe Rodriguez, Charles Rolland, Craig T Rowland, Sexual Offender Management Board, Kimberly Simmons, Richard Skiles, Eric Snarr, Erwin Sonnenberg, Matthew Thomas, Lawrence Wasden, Paul J Wilde, Ben Wolfinger. Responses due by 11/8/2018 (Attachments: # 1 Memorandum in Support)(Kronberg, Chris)

1 Memorandum in Support

View on RECAP

Oct. 18, 2018

Oct. 18, 2018

PACER
42

ORDER granting 41 Motion for Extension of Time to File Response/Reply re 40 MOTION to Dismiss . Responses due by 12/7/2018. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

Nov. 6, 2018

Nov. 6, 2018

PACER
41

Consent MOTION for Extension of Time to File Response/Reply Greg J Fuller appearing for Plaintiff John and Jane Does 1-134. Responses due by 11/27/2018 (Fuller, Greg)

Nov. 6, 2018

Nov. 6, 2018

PACER
43

RESPONSE to Motion re 40 MOTION to Dismiss filed by John and Jane Does 1-134. Replies due by 12/21/2018.(Fuller, Greg)

Dec. 7, 2018

Dec. 7, 2018

RECAP
44

REPLY to Response to Motion re 40 MOTION to Dismiss filed by Steve Anderson, Stephen Bartlett, Jeffrey Betts, Patti Bolen, Lynn Bowerman, Brent T Bunn, Jon Burnham, Tom Carter, William Crawford, Kiernan Donahue, Kevin Ellis, Jean Fisher, David Fryar, Paula Garay, Chris Goetz, Shawn Gough, Michael Haderlie, Jay Heward, Christina Iverson, Michael Johnston, Jim Kacqmarek, Kevin Kempf, Terry Kirkham, Rick Layher, Tony Liford, Moira Lynch, Doug McFall, Lorin Nielsen, Ralph Powell, Joe Rodriguez, Charles Rolland, Craig T Rowland, Sexual Offender Management Board, Kimberly Simmons, Richard Skiles, Eric Snarr, Erwin Sonnenberg, Matthew Thomas, Lawrence Wasden, Paul J Wilde, Ben Wolfinger.Motion Ripe Deadline set for 12/24/2018.(Kronberg, Chris)

Dec. 21, 2018

Dec. 21, 2018

PACER
45

DOCKET ENTRY NOTICE of Hearing on MOTION to Dismiss (Dkt. 40) - A hearing on this Motion is set for 3/12/2019 at 09:00 AM in Boise - Courtroom 1 before Judge David C. Nye. (ab)

Jan. 3, 2019

Jan. 3, 2019

PACER
46

Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 3/12/2019 re 40 Motion to Dismiss filed by Defendants. Matter is deemed UNDER ADVISEMENT and the Court will issue a Written Decision. (Court Reporter/ESR Katherine Eismann.) (paf)

March 12, 2019

March 12, 2019

PACER
47

MEMORANDUM DECISION AND ORDER. Defendants Motion to Dismiss is GRANTED. Plaintiffs' Second Amended Complaint is DISMISSED WITH PREJUDICE. Signed by Judge David C. Nye. (alw)

April 5, 2019

April 5, 2019

RECAP
48

JUDGMENT It is hereby ORDERED, ADJUDGED, AND DECREED that judgment be entered in favor of Defendants, and this case closed. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

April 9, 2019

April 9, 2019

RECAP
49

NOTICE OF APPEAL by John and Jane Does 1-134. Filing fee $ 505, receipt number 0976-1883720. (Notice sent to Court Reporter & 9th Cir) (Fuller, Greg)

May 5, 2019

May 5, 2019

RECAP
50

TRANSCRIPT REQUEST by John and Jane Does 1-134 for proceedings held on 03/06/2018 03/12/2019 before Judge David C. Nye, re 49 Notice of Appeal (Notice sent by e-mail to Court Reporter) Transcript due by 7/5/2019. (Fuller, Greg)

June 4, 2019

June 4, 2019

PACER
53

Notice of Filing of Official Transcript Motion Hearings 3/6/18 and 3/12/19. (ke)

June 24, 2019

June 24, 2019

PACER
52

Transcript filed for dates of March 12, 2019 before Judge David C. Nye, re 49 Notice of Appeal Court Reporter Katherine Eismann, Email katherine_eismann@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2019. Redacted Transcript Deadline set for 7/25/2019. Release of Transcript Restriction set for 9/23/2019. (ke)

June 24, 2019

June 24, 2019

PACER
51

Transcript filed for dates of March 6, 2018 before Judge David C. Nye, re 49 Notice of Appeal Court Reporter Katherine Eismann, Email katherine_eismann@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2019. Redacted Transcript Deadline set for 7/25/2019. Release of Transcript Restriction set for 9/23/2019. (ke)

June 24, 2019

June 24, 2019

PACER
54

ORDER of USCA (19-35391) as to 49 Notice of Appeal filed by John and Jane Does 1-134. (jd)

April 17, 2020

April 17, 2020

PACER
55

OPINION of USCA 19-35391 as to 49 Notice of Appeal filed by John and Jane Does 1-134. Reversed in part, AFFIRMED in part and REMANDED. (Attachments: # 1 USCA Information)(jd) (Entered: 12/10/2020)

1 USCA Information

View on PACER

Dec. 9, 2020

Dec. 9, 2020

PACER
56

MANDATE of USCA 19-35391 as to 49 Notice of Appeal filed by John and Jane Does 1-134. The judgment of this Court, entered December 09, 2020, takes effect this date. (jd) (Entered: 01/04/2021)

Dec. 31, 2020

Dec. 31, 2020

PACER
57

NOTICE of Appearance by Leslie Marie Hayes on behalf of All Defendants (Hayes, Leslie)

Jan. 5, 2021

Jan. 5, 2021

PACER
58

DOCKET ENTRY NOTICE of Hearing: Status Conference set for 2/4/2021 at 02:00 PM in Video - Pocatello to Other (Mountain Time) before Judge David C. Nye via zoom. Members of the public may use the following to attend via Audio ONLY: 1-669-254-5252, Meeting ID: 160 393 5391 Passcode: 664136. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against Photographing, recording, and rebroadcasting of court proceedings. (pr)

Jan. 21, 2021

Jan. 21, 2021

PACER
60

Minute Entry for proceedings held before Judge David C. Nye: Status Conference held on 2/4/2021. Plaintiff has (4) weeks to file Third Amended Complaint. Court scheduled another Status Conference for 3/17/2021 at 09:00 AM via zoom Video - Coeur d' Alene to Other (Pacific Time) before Judge David C. Nye.) Hearing Not Recorded. (pr) (Entered: 02/05/2021)

Feb. 4, 2021

Feb. 4, 2021

RECAP
59

DOCKET ENTRY ORDER Following the Ninth Circuit's remand order, the Court held an informal status conference with counsel for the parties on February 4, 2021. Pursuant to discussions during the conference, Plaintiffs' Third Amended Complaint shall be due on or before March 5, 2021. The Court will set another informal status conference with counsel for the week of March 15, 2021. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (nt)

Feb. 4, 2021

Feb. 4, 2021

PACER
61

Consent MOTION for Extension of Time to Amend Greg J Fuller appearing for Plaintiff John and Jane Does 1-134. Responses due by 3/22/2021 (Fuller, Greg)

March 1, 2021

March 1, 2021

PACER
62

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE THIRD AMENDED COMPLAINT - Plaintiffs Motion (Dkt. 61 ) is GRANTED; Plaintiffs Third Amended Complaint shall be filed on or before April 5, 2021; The status conference currently scheduled for March 17, 2021 is VACATED and will be reset. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

March 3, 2021

March 3, 2021

PACER
63

DOCKET ENTRY NOTICE of Hearing: Good cause appearing, IT IS HEREBY ORDERED that the Status Conference set for 3/17/2021 at 9:00 AM is VACATED and the Status Conference is rescheduled for 4/13/2021 at 04:00 PM via zoom before Judge David C. Nye. **Members of the public may use the following to attend via Audio ONLY: 1-669-254-5252, Meeting 161 176 3191, Meeting Password: 641532. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against Photographing, recording, and rebroadcasting of court proceedings** (pr)

March 10, 2021

March 10, 2021

PACER
64

Consent MOTION for Extension of Time to File Third Amended Complaint Greg J Fuller appearing for Plaintiff John and Jane Does 1-134. Responses due by 4/21/2021 (Fuller, Greg)

March 31, 2021

March 31, 2021

RECAP
65

ORDER GRANTING SECOND CONSENT MOTION FOR EXTENSION OF TIME TO FILE THIRD AMENDED COMPLAINT - Plaintiffs are granted leave until May 5, 2021, to file a Third Amended Complaint. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

April 1, 2021

April 1, 2021

PACER
66

DOCKET ENTRY NOTICE VACATING HEARING: The scheduling conference set for 4/13/2021 at 4:00 PM is VACATED. (pr)

April 7, 2021

April 7, 2021

PACER
68

MOTION FOR PRO HAC VICE APPEARANCE by Matthew Strugar. ( Filing fee $ 250 receipt number AIDDC-2210362.)Greg J Fuller appearing for Plaintiff John and Jane Does 1-134. Responses due by 5/25/2021 (Fuller, Greg)

May 4, 2021

May 4, 2021

PACER
67

AMENDED COMPLAINT Third Amended Complaint against All Defendants, filed by All Plaintiffs.(Fuller, Greg)

May 4, 2021

May 4, 2021

RECAP
69

DOCKET ENTRY ORDER approving 68 Motion for Pro Hac Vice Appearance of attorney Matthew Daniel Strugar for John and Jane Does 1-134 Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)

May 5, 2021

May 5, 2021

PACER
70

DOCKET ENTRY NOTICE OF HEARING: Status Conference is set for 5/19/2021 at 10:00 AM via zoom - Pocatello to Other (Mountain Time) before Judge David C. Nye. A zoom link will be sent separately. (pr)

May 12, 2021

May 12, 2021

PACER
71

NOTICE of Appearance by Cory Michael Carone on behalf of All Defendants (km)

May 18, 2021

May 18, 2021

PACER
72

DOCKET ENTRY ORDER Pursuant to the Court's status conference with the parties on May 19, 2021, as well as subsequent informal communications, the Court enters the following briefing schedule for Defendants' impending Motion to Dismiss: Defendants' Motion to Dismiss is due on July 19, 2021; Plaintiffs' Response is due on September 17, 2021; Defendants' Reply is due on October 8, 2021. In addition, the parties are working together to prepare mutually agreeable revised litigation and discovery plans. The revised litigation and discovery plans shall be filed on or before June 28, 2021. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (nt)

May 21, 2021

May 21, 2021

PACER

Set/Reset Deadlines ( Responses due by 9/17/2021, Replies due by 10/8/2021.), Set Deadlines/Hearings: ( Revised litigation and discovery plans due 6/28/2021., Motion to Dismiss due by 7/19/2021.) (alw)

May 24, 2021

May 24, 2021

PACER

Set Motion and R&R Deadlines/Hearings

May 24, 2021

May 24, 2021

PACER
73

AMENDED COMPLAINT against Lawrence Wasden, Kedrick Wills, filed by All Plaintiffs.(Strugar, Matthew)

May 26, 2021

May 26, 2021

PACER
74

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by John and Jane Does 1-134. (Strugar, Matthew)

June 22, 2021

June 22, 2021

PACER
75

SCHEDULING ORDER. Discovery due by 11/11/2022. Motions due by 12/9/2022.. Signed by Judge David C. Nye. (alw)

June 24, 2021

June 24, 2021

RECAP
76

Motion to Dismiss for Failure to State a Claim Cory Michael Carone for Defendants Kedrick Wills, Lawrence Wasden. Responses due by 8/9/2021 (Attachments: # 1 Memorandum in Support)(Carone, Cory) Modified on 7/21/2021 to remove defendants not applicable to motion(alw).

1 Memorandum in Support

View on PACER

July 19, 2021

July 19, 2021

PACER
77

MEMORANDUM in Opposition re 76 Motion to Dismiss for Failure to State a Claim filed by John and Jane Does 1-134. Replies due by 10/1/2021.(Strugar, Matthew)

Sept. 17, 2021

Sept. 17, 2021

PACER
78

REPLY to Response to Motion re 76 Motion to Dismiss for Failure to State a Claim filed by Steve Anderson, Stephen Bartlett, Jeffrey Betts, Patti Bolen, Lynn Bowerman, Brent T Bunn, Jon Burnham, Tom Carter, William Crawford, Kiernan Donahue, Kevin Ellis, Jean Fisher, David Fryar, Paula Garay, Chris Goetz, Shawn Gough, Michael Haderlie, Jay Heward, Christina Iverson, Michael Johnston, Jim Kacqmarek, Kevin Kempf, Terry Kirkham, Rick Layher, Tony Liford, Moira Lynch, Doug McFall, Lorin Nielsen.Motion Ripe Deadline set for 10/12/2021.(Carone, Cory)

Oct. 8, 2021

Oct. 8, 2021

PACER
79

DOCKET ENTRY NOTICE of Hearing on Motion 76 Motion to Dismiss for Failure to State a Claim : Motion Hearing set for 12/21/2021 at 12:00 PM in Boise - Courtroom 2 before Judge David C. Nye. (pr)

Dec. 1, 2021

Dec. 1, 2021

PACER
82

AMENDED NOTICE of Hearing on Motion 76 Motion to Dismiss for Failure to State a Claim : Motion Hearing set for 12/21/2021 at 09:00 AM in Boise - Courtroom 2 before Judge David C. Nye. (pr)

Dec. 15, 2021

Dec. 15, 2021

PACER
81

MOTION FOR PRO HAC VICE APPEARANCE by David B. Rankin. ( Filing fee $ 250 receipt number AIDDC-2317619.)Greg J Fuller appearing for Plaintiff John and Jane Does 1-134. Responses due by 1/5/2022 (Fuller, Greg)

Dec. 15, 2021

Dec. 15, 2021

PACER
80

MOTION FOR PRO HAC VICE APPEARANCE by Regina Powers. ( Filing fee $ 250 receipt number AIDDC-2317609.)Greg J Fuller appearing for Plaintiff John and Jane Does 1-134. Responses due by 1/5/2022 (Fuller, Greg)

Dec. 15, 2021

Dec. 15, 2021

PACER
83

DOCKET ENTRY ORDER approving 80 81 Motion for Pro Hac Vice Appearance of attorney David B Rankin,Regina Powers for John and Jane Does 1-134 Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)

Dec. 17, 2021

Dec. 17, 2021

PACER
84

Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 12/21/2021 re 76 Motion to Dismiss for Failure to State a Claim filed by Tony Liford, David Fryar, William Crawford, Paul J Wilde, Steve Anderson, Shawn Gough, Christina Iverson, Patti Bolen, Lorin Nielsen, Paula Garay, Sexual Offender Management Board, Charles Rolland, Richard Skiles, Jim Kacqmarek, Michael Johnston, Joe Rodriguez, Jon Burnham, Jay Heward, Ben Wolfinger, Jean Fisher, Stephen Bartlett, Jeffrey Betts, Eric Snarr, Moira Lynch, Chris Goetz, Lynn Bowerman, Erwin Sonnenberg, Brent T Bunn, Terry Kirkham, Lawrence Wasden, Craig T Rowland, Doug McFall, Michael Haderlie, Tom Carter, Rick Layher, Kevin Ellis, Matthew Thomas, Kiernan Donahue, Kevin Kempf, Ralph Powell, Kimberly Simmons. (Court Reporter: Anne Bowline.) (st)

Dec. 21, 2021

Dec. 21, 2021

PACER
85

NOTICE by Steve Anderson, Stephen Bartlett, Jeffrey Betts, Patti Bolen, Lynn Bowerman, Brent T Bunn, Jon Burnham, Tom Carter, William Crawford, Kiernan Donahue, Kevin Ellis, Jean Fisher, David Fryar, Paula Garay, Chris Goetz, Shawn Gough, Michael Haderlie, Jay Heward, Christina Iverson, Michael Johnston, Jim Kacqmarek, Kevin Kempf, Terry Kirkham, Rick Layher, Tony Liford, Moira Lynch, Doug McFall, Lorin Nielsen, Ralph Powell, Joe Rodriguez, Charles Rolland, Craig T Rowland, Sexual Offender Management Board, Kimberly Simmons, Richard Skiles, Eric Snarr, Erwin Sonnenberg, Matthew Thomas, Lawrence Wasden, Paul J Wilde, Kedrick Wills, Ben Wolfinger of Withdrawal of Counsel (Carone, Cory)

April 14, 2022

April 14, 2022

PACER
86

NOTICE of Substitution - Attorney Alan Wayne Foutz for Steve Anderson,Alan Wayne Foutz for Stephen Bartlett,Alan Wayne Foutz for Jeffrey Betts,Alan Wayne Foutz for Patti Bolen,Alan Wayne Foutz for Lynn Bowerman,Alan Wayne Foutz for Brent T Bunn,Alan Wayne Foutz for Jon Burnham,Alan Wayne Foutz for Tom Carter,Alan Wayne Foutz for William Crawford,Alan Wayne Foutz for Kiernan Donahue,Alan Wayne Foutz for Kevin Ellis,Alan Wayne Foutz for Jean Fisher,Alan Wayne Foutz for David Fryar,Alan Wayne Foutz for Paula Garay,Alan Wayne Foutz for Chris Goetz,Alan Wayne Foutz for Shawn Gough,Alan Wayne Foutz for Michael Haderlie,Alan Wayne Foutz for Jay Heward,Alan Wayne Foutz for Christina Iverson,Alan Wayne Foutz for Michael Johnston,Alan Wayne Foutz for Jim Kacqmarek,Alan Wayne Foutz for Kevin Kempf,Alan Wayne Foutz for Terry Kirkham,Alan Wayne Foutz for Rick Layher,Alan Wayne Foutz for Tony Liford,Alan Wayne Foutz for Moira Lynch,Alan Wayne Foutz for Doug McFall,Alan Wayne Foutz for Lorin Nielsen,Alan Wayne Foutz for Ralph Powell,Alan Wayne Foutz for Joe Rodriguez,Alan Wayne Foutz for Charles Rolland,Alan Wayne Foutz for Craig T Rowland,Alan Wayne Foutz for Sexual Offender Management Board,Alan Wayne Foutz for Kimberly Simmons,Alan Wayne Foutz for Richard Skiles,Alan Wayne Foutz for Eric Snarr,Alan Wayne Foutz for Erwin Sonnenberg,Alan Wayne Foutz for Matthew Thomas,Alan Wayne Foutz for Lawrence Wasden,Alan Wayne Foutz for Paul J Wilde,Alan Wayne Foutz for Kedrick Wills,Alan Wayne Foutz for Ben Wolfinger added. Attorney Leslie Marie Hayes terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Hayes, Leslie)

Nov. 1, 2022

Nov. 1, 2022

RECAP
87

NOTICE by John and Jane Does 1-134 re 77 Memorandum in Opposition to Motion of Supplemental Authority (Attachments: # 1 Exhibit A: Order Denying Motions for Preliminary Injunction and to Dismiss in Does v. Whitmer)(Strugar, Matthew)

Feb. 3, 2023

Feb. 3, 2023

PACER
88

NOTICE of Appearance by Lincoln Davis Wilson on behalf of All Defendants (Wilson, Lincoln)

Feb. 17, 2023

Feb. 17, 2023

PACER
89

NOTICE by John and Jane Does 1-134 re 77 Memorandum in Opposition to Motion of Supplemental Authority (Attachments: # 1 Supplemental Authority: State v. Hinman)(Strugar, Matthew)

1 Supplemental Authority: State v. Hinman

View on PACER

June 15, 2023

June 15, 2023

RECAP
90

MEMORANDUM DECISION AND ORDER - IT IS HEREBY ORDERED: Defendants' Motion to Dismiss (Dkt. 76 ) is DENIED. The previous Scheduling Order (Dkt. 75 ) is VACATED. The Court will send out a new Litigation Order and Notice of Telephonic Scheduling Conference following entry of this Order. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs)

June 29, 2023

June 29, 2023

RECAP

Case Details

State / Territory: Idaho

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 22, 2016

Case Ongoing: Yes

Plaintiffs

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.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

John and Jane Does 1-104 (Boise), Private Entity/Person

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Ex Post Facto

Equal Protection

Takings

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Classification / placement

Confidentiality

Records Disclosure

Sex offender regulation