Connecticut Department of Public Safety v. Doe - 538 U.S. 1 (2003)
Connecticut Department of Public Safety v. Doe – 538 U.S. 1 (2003)
Procedural History: The U.S. Supreme Court granted certiorari to the United States Court of appeals for the Second Circuit on John Doe claim under 42 U.S.C 1983 that Connecticut’s sexual offender registration law violates the Due process Clause of the Fourteenth Amendment to the United States Constitution, and disputing public disclosure of information contained in the registry.
Facts: Connecticut’s Megan’s law requires all ...view middle of the document...
Issue: Does the Connecticut’s Megan’s Law violate John Doe registrant’s right to due process under the Fourteenth Amendment and how do you apply it to sex offender who was convicted before the Connecticut’s Megan’s Law was establish. Because John Doe was convicted before the law was passed, so such disclosure both deprived him (registered sex offenders) of a liberty interest and violated the Due Process Clause not granting a hearing to determine a registered sex offenders to be currently dangerous.
Ruling and Reasoning: The Second Circuit Court judgment was reversed because the Connecticut’s Megan’s Law violates the Due Process Clause of the Fourteenth Amendment. Without notice to be heard the law deprives John Doe of liberty by hurting his reputation based on a crime committed in the pass not proving he is currently dangerous.
Dissent: Justice Scalia, concurring saying Connecticut’s sex offender law states all sex offenders are liberty risk and the liberty interest in question implicate due process by depriving of liberty interest that necessitated due process protection.
Concurrence: Justice Souter and Ginsburg concurred, pointing out that legislative choice affect people rights creating classes on which sex offenders must fall under Connecticut’s Megan’s law and opening the door of the Equal Protection Clause.