Adam Keith Waldman v. Alabama Prison Commissioner

871 F.3d 1283, 2017 WL 4248924, 2017 U.S. App. LEXIS 18547
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 26, 2017
Docket15-15535 Non-Argument Calendar
StatusPublished
Cited by232 cases

This text of 871 F.3d 1283 (Adam Keith Waldman v. Alabama Prison Commissioner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adam Keith Waldman v. Alabama Prison Commissioner, 871 F.3d 1283, 2017 WL 4248924, 2017 U.S. App. LEXIS 18547 (11th Cir. 2017).

Opinion

PER CURIAM:

Adam Waldman, an Alabama prisoner proceeding pro se, appeals the District Court’s dismissal of his complaint under 42 U.S.C. § 1983 against five officials from the Alabama Department of Corrections (“ADOC”) on his claims that the Alabama Sex Offender Registration and Community Notification Act (“ASORCNA”) and the ADOC classification manual violated his procedural due process, substantive due process, and ex post facto rights. Waldman first argues that the ADOC officials violated his Fourteenth Amendment procedural due process rights by classifying him as a sex offender without providing notice, a hearing, or a chance to present evidence or witnesses. Second, he contends that the ADOC officials violated his Fourteenth Amendment substantive due process rights by classifying him as a sex offender when he was convicted of kidnapping and had never committed a sex offense. Finally, Waldman argues that the ADOC officials committed an ex post facto violation by imposing a greater punishment for his crime than existed at the time he was convicted. After reviewing the record and considering the parties’ briefs, we affirm.

I.

In September 2005, Waldman was convicted in Alabama state court of first-degree robbery, first-degree attempted assault, and first-degree kidnapping of a minor, all under Alabama law. He was sentenced to two life sentences plus an additional ten years. Waldman argues, and Appellees do not contest, that his crime did not involve sexual conduct with the child he abducted. Rather, he claims that the trial record shows that he abducted the child in order to obtain a ransom or use the child as a shield or hostage. Nevertheless, Alabama law includes first and second-degree kidnapping of a minor in its list of “sex offenses” under ASORCNA. Ala. Code § 15-20A-5(18). Although ASORCNA was not enacted until 2011—six years after Waldman’s conviction—its predecessor statute defined first and second-degree kidnapping of a minor as “sex offenses” as early as 1998—seven years prior to his conviction. See id. § 15-20-21 (1998).

Under ASORCNA, every adult sex offender, regardless of when his crimes were committed or when his duty to register arose, must register specified personal information in each county that he intends to reside, work, dr attend school. See id. §§ 15-20A-3,15-20A-7,15-20A-10. Alabama law places several other limits on sex offenders, including in part: (1) a prohibition on residing within 2,000 feet of any school, childcare facility, resident camp facility, or any of their victims; (2) a prohibition on employment at any school, childcare facility, or any business that provides services primarily to children, among other restrictions; and (3) a requirement to report any travel for a period of three or more consecutive days to the sheriff in each county of residence. See id. §§ 15-20A-11, 15-20A-13, 15-20A-15. At least 30 days prior to release, or immediately upon notice of release if release is in less than 30 days, the ADOC must inform sex offenders of their duty to register, provide the required registration information to the state and any planned counties of residence if within Aa-bama, and provide the required registration information to the state along' with any information necessary to track the offender if the planned county of residence is outside of Aabama. Id. § 15-20A-9.

Moreover, ASORCNA and a predecessor provision enacted in 2005 make persons convicted of “sex offenses” ineligible for parole. See id. § 15-22-27.3 (2017); id. (2005). The Aabama legislature stated that ASORCNA’s purpose was to further the State’s interest in protecting vulnerable populations, particularly children. Id. § 15-20A-2(5). The legislature noted that its intent was “not to punish sex offenders but to protect the public and, most importantly, promote child safety.” Id.

Pursuant to ASORCNA, the ADOC adopted a classification manual that classifies inmates according to the type of offense of which they were convicted. The ADOC classification manual prescribes that inmates who have been convicted of a sex offense should receive an “S” suffix added to their inmate number. 1 It also renders them ineligible for minimum custody, which means they must necessarily be made ineligible for work release and other early-release programs as well. Waldman also contends that, due to his “S” classification, he is forced to attend classes or group therapy sessions for sex offenders in prison. The manual requires prison officials to notify an inmate at least 24 hours in advance before changing his classification, in order to allow him to present information that could bear on their classification decision.

Waldman contends that prison officials classified him as a sex offender pursuant to the ADOC manual in May 2013, many years after his confinement began. He alleges that those officials failed to observe the ADOC classification manual’s 24-hour notice requirement before doing so. After failing to obtain relief by protesting the classification to prison officials, Waldman brought this lawsuit pro se, filing a verified complaint under 42 U.S.C. § 1983 against five ADOC officials in their official and individual capacities. He alleged in his complaint that those officials violated his due process rights by classifying him as a sex offender when he had never been convicted of a sex offense. He further alleged that the classification constituted a violation of the Ex Post Facto and Double Jeopardy Clauses, and that he was subjected to a bill of attainder. He sought compensatory and punitive damages, declaratory and injunctive relief, and to have the “S” suffix removed from his inmate number and file.

Before Waldman served process, a Magistrate Judge entered a report and recommendation (R & R) recommending that the District Court dismiss the complaint under 28 U.S.C. § 1915A(a) for failure to state a claim. The District Court accepted the R & R in part and rejected it in part. The part it rejected concerned Waldman’s procedural due process claim: the Court found that the Magistrate Judge erroneously relied on this Court’s holding in Kirby v. Siegelman, 195 F.3d 1285 (11th Cir. 1999) (per curiam), to deny that Waldman possessed a liberty interest in not being classified in prison as a sex offender. Nevertheless, the Court dismissed Waldman’s claim in full for failure to state a claim for relief. Wald-man timely appealed.

II.

We review de novo a district court’s sua sponte dismissal for failure to state a claim for relief under 28 U.S.C. § 1915A(b). Jones v. Fla. Parole Comm’n, 787 F.3d 1105, 1107 (11th Cir. 2015). A district court’s denial of leave to amend due to futility is also reviewed de novo. Fla. Evergreen Foliage v. E.I.

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Cite This Page — Counsel Stack

Bluebook (online)
871 F.3d 1283, 2017 WL 4248924, 2017 U.S. App. LEXIS 18547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adam-keith-waldman-v-alabama-prison-commissioner-ca11-2017.