Doe v. Nixon

716 F.3d 1041, 2013 WL 1920790
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 10, 2013
DocketNos. 11-3112, 11-3114, 11-3213
StatusPublished
Cited by35 cases

This text of 716 F.3d 1041 (Doe v. Nixon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Nixon, 716 F.3d 1041, 2013 WL 1920790 (8th Cir. 2013).

Opinion

WOLLMAN, Circuit Judge.

Jeremiah - W. Nixon, Chris Koster, James Corwin, and Colonel Ronald Replo-gle (the State Officials), and Colonel Tim Fitch and Robert P. McCulloch (the St. Louis County Officials) appeal the district court’s August 25, 2011, order granting in part the plaintiffs’ motion for attorneys’ fees and granting the plaintiffs’ motion to alter or amend the judgment to reflect the grant of attorneys’ fees and costs. Jane Doe I, Jane Doe II, John Doe I, John Doe II, John Doe III, and John Doe IV (the Does) appeal the district court’s October 27, 2010, order dismissing the Does’ claims as moot1 and the district court’s August 25, 2011, order to the extent it reduced the requested award of attorneys’ fees. We affirm in part and reverse in part.

I. BACKGROUND

Each of the Does was convicted of an offense for which he or she is required to register as a sex offender in Missouri. Each of the Does’ convictions occurred prior to June 30, 2008, when the Missouri Legislature enacted Missouri Revised Statute § 589.426 (the Halloween statute). The Halloween statute provides:

1. Any person required to register as a sexual offender under sections 589.400 to 589.425 shall be required on October thirty-first of each year to:
(1) Avoid all Halloween-related contact'with children;
(2) Remain inside his or her residence between the hours of 5 p.m. and 10:30 p.m. unless required to be elsewhere for just cause, including but not limited to employment or medical emergencies;
(3) Post a sign at his or her residence stating, “No candy or treats at this residence”; and
[1046]*1046(4) Leave all outside residential lighting off during the evening hours after 5 p.m.
2. Any person required to register as a sexual offender under sections 589.400 to 589.425 who violates the provisions of subsection 1 of this section shall be guilty of a class A misdemeanor.

Mo.Rev.Stat. § 589.426.

On October 3, 2008, the Does2 filed an initial complaint against the Governor and Attorney General of Missouri, as well as several county prosecutors and chiefs of police, in their official capacities, alleging that the Halloween statute violated various provisions of the United States Constitution and the Missouri Constitution.3 The Does sought declaratory and injunctive relief under 28 U.S.C. § 2201 and 42 U.S.C. § 1983, as well as attorneys’ fees and costs under 42 U.S.C. § 1988.

The Does filed a motion for preliminary injunction with their complaint, requesting that the Officials be prohibited from enforcing the Halloween statute on October 31, 2008. The motion was fully briefed, and a hearing was held on October 27, 2008. That same day, the district court issued an order granting the Does’ motion for a preliminary injunction. Citing the four factors outlined in Dataphase Systems, Inc. v. C L Systems, Inc., 640 F.2d 109, 113 (8th Cir.1981), the district court concluded that the Does had carried their burden on all four factors and specifically indicated that the Does demonstrated a strong likelihood of success on the merits of their federal due process claim. See D. Ct. Order of Oct. 27, 2008,1-2.

Several of the Officials appealed the district court’s grant of the preliminary injunction and moved to have the order stayed pending the appeal. On October 30, 2008, this court granted the Officials’ motion to stay the preliminary injunction without discussion, thus enabling the Officials to enforce the Halloween statute if necessary. Three days later, the Does moved to dismiss the Officials’ appeal as moot, noting that the preliminary injunction was effective on October 31, 2008, only and had since expired of its own terms. We granted the Does’ motion and dismissed the appeal.

The Does subsequently filed their first and second amended complaints, which also sought nominal damages, as well as a second motion for preliminary injunction. At the time the Does filed their second motion for preliminary injunction, there was litigation pending in the Missouri courts regarding an individual named Charles Raynor, who was charged with violating the Halloween statute on October 31, 2008. Raynor was a registered sex offender, whose conviction was entered prior to the Halloween statute’s enactment. A Missouri circuit court dismissed the charge against Raynor, concluding that it violated the Missouri Constitution’s prohibition on retrospective laws. Thereafter, the State of Missouri appealed the order dismissing the charges against Raynor to the Missouri Supreme Court, where it was consolidated with another ease. See F.R. v. St. Charles Cnty. Sheriff’s Dept., 301 S.W.3d 56 (Mo.2010).

Several of the Officials moved the district court to stay the Does’ action under [1047]*1047the Pullman doctrine4 until the Missouri Supreme Court rendered its decision in F.R. The district court granted the motion to stay on September 25, 2009, and denied without prejudice the Does’ motion for a second preliminary injunction. On January 12, 2010, the Missouri Supreme Court affirmed the circuit court’s dismissal of Raynor’s charge in F.R., concluding that the Halloween statute violated the Missouri Constitution as applied to Raynor. See F.R. 301 S.W.3d at 66. The court held that because Raynor’s conviction predated the Halloween statute’s enactment, the statute violated the Missouri Constitution’s prohibition on retrospective laws by imposing additional duties and obligations on Raynor that did not exist at the time of his conviction. See id. at 63-66.

Following the Missouri Supreme Court’s decision in F.R., the State Officials and St. Louis County Officials moved the district court to dismiss the Does’ action as moot. The moving Officials acknowledged that enforcing the Halloween statute against the Does, whose convictions, like Raynor’s, predated the Halloween statute’s enactment, would be unconstitutional. In support of this motion, the moving Officials admitted that they could not and would not enforce the Halloween statute against the Does. State Officials Koster, Nixon, Cor-win, and Replogle, filed a declaration stating that

in accordance with the holding of the Supreme Court of Missouri in F.R. v. St. Charles County Sheriffs Dept., 301 S.W.3d 56 (Mo. Banc 2010), [they], their officers, agents, servants, employees, attorneys, and all persons acting on their behalf cannot and. will not enforce Mo. Rev.Stat. § 589.426 against plaintiffs based on convictions occurring prior to its effective date.

See Appellees/Cross-Appellants’ App. 8-9.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

DiMartile v. Hochul
80 F.4th 443 (Second Circuit, 2023)
Roll v. Howard
514 P.3d 1030 (Supreme Court of Kansas, 2022)
DiMartile v. Cuomo
N.D. New York, 2021
Gillpatrick v. Frakes
D. Nebraska, 2021
Stinnie v. Holcomb
W.D. Virginia, 2021
January v. Invasix, Inc.
E.D. Missouri, 2021
Zach Hillesheim v. Holiday Stationstores, Inc.
953 F.3d 1059 (Eighth Circuit, 2020)
MOM365, Inc. v. Pinto
E.D. Missouri, 2019
Aaron Dalton v. NPC International, Inc.
932 F.3d 693 (Eighth Circuit, 2019)
Ronald Duhe v. Little Rock Arkansas, City of
902 F.3d 858 (Eighth Circuit, 2018)
Kelley v. Iowa State Univ. of Sci. & Tech.
311 F. Supp. 3d 1051 (S.D. Iowa, 2018)
Melanie Davis v. Anthony, Inc.
886 F.3d 674 (Eighth Circuit, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
716 F.3d 1041, 2013 WL 1920790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-nixon-ca8-2013.