Case: Mann v. Georgia Department of Corrections

04-01454 | Georgia state trial court

Filed Date: Sept. 2, 2003

Closed Date: Nov. 21, 2007

Clearinghouse coding complete

Case Summary

This case, brought in state court in Georgia, involved a constitutional challenge to a Georgia state law which placed restrictions on where sex offenders could live or work. The law, OCGA § 42-1-15, prohibited registered sex offenders from residing or working at a location that was within 1,000 feet of any child care facility, church, school or area where minors congregate.Appellant Anthony Mann was a registered sexual offender. Mann had previously challenged the law that prohibited him from li…

This case, brought in state court in Georgia, involved a constitutional challenge to a Georgia state law which placed restrictions on where sex offenders could live or work. The law, OCGA § 42-1-15, prohibited registered sex offenders from residing or working at a location that was within 1,000 feet of any child care facility, church, school or area where minors congregate.

Appellant Anthony Mann was a registered sexual offender. Mann had previously challenged the law that prohibited him from living in his parents' home due to the geographic restriction. The Georgia Supreme Court (Presiding Judge Leah Ward Sears) rejected that challenge, finding that Mann had only a minimal property interest in living in his parents' home. Mann v. State, 278 Ga. 442, 603 S.E.2d 283 (2004).

Subsequent to his initial challenge of the law, Mann got married and moved into a home in Clayton County, Georgia in October 2003. In 2004, Mann became the half owner and day-to-day operator of a barbecue restaurant in Clayton County. Neither his home nor his business was within 1,000 feet of any child care facility, church, school, or area where minors congregate. However, sometime thereafter, a child care business opened up within 1,000 feet of Mann's house and business. Mann's probation officer then advised Mann that he would need to move and quit his business or be subject to parole revocation for violating OCGA § 42-1-15. Mann brought suit in the Georgia state court, seeking a declaration that the law was unconstitutional. The trial court rejected his challenge and Mann appealed.

On November 21, 2007, the Georgia Supreme Court (Presiding Judge Carol W. Hunstein) reversed the trial court's ruling, denying appellant's request for declaratory relief in regard to the residency restriction, finding that it was unconstitutional because it permitted the public taking of Mann's property without compensation in violation of the takings clause of the Fifth Amendment of the U.S. Constitution and the Georgia Constitution. The Court, however, found that the trial court did not err by denying appellant's request for declaratory relief as to the work restriction, holding that Mann failed to establish that the economic impact of the work restriction, as applied to him, amounted to an unconstitutional taking of his property interest in his barbecue restaurant. Mann v. Georgia Department of Corrections, 282 Ga. 754, 603 S.E.2d 283 (2007).

Summary Authors

Dan Dalton (11/26/2007)

Related Cases

Whitaker v. Perdue, Northern District of Georgia (2006)

People


Judge(s)

Hunstein, Carol W. (Georgia)

Sears, Leah Ward (Georgia)

Attorneys(s) for Plaintiff

Key, Scott (Georgia)

Sexton, Lee (Georgia)

Attorneys(s) for Defendant

Baker, Thurbert E. (Georgia)

Brasher, Christopher S. (Georgia)

Phillips, J. Jayson (Georgia)

Westmoreland, Mary Beth (Georgia)

Judge(s)

Hunstein, Carol W. (Georgia)

Sears, Leah Ward (Georgia)

Attorneys(s) for Plaintiff

Key, Scott (Georgia)

Sexton, Lee (Georgia)

Attorneys(s) for Defendant

Baker, Thurbert E. (Georgia)

Brasher, Christopher S. (Georgia)

Phillips, J. Jayson (Georgia)

Westmoreland, Mary Beth (Georgia)

Documents in the Clearinghouse

Document

Brief of Appellant

Georgia state supreme court

May 24, 2004 Pleading / Motion / Brief

Brief on Behalf of Appellees

Georgia state supreme court

June 28, 2004 Pleading / Motion / Brief

Order

Georgia state supreme court

603 S.E.2d 283

Sept. 27, 2004 Order/Opinion

Published Opinion

Georgia state supreme court

653 S.E.2d 740

Nov. 21, 2007 Order/Opinion

Resources

Title Description External URL

Is it an unconstitutional taking of property without just compensation to require sex offenders to move away from their home if a school, playground, or daycare center is established near their home after their initial occupation?

Joseph William Singer

In Mann v. Georgia Department of Corrections,653 S.E.2d 740 (Ga. 2007), the Georgia Supreme Court held that a state statute prohibiting registered sex offenders from living or working within 1,000 fe… July 15, 2018 https://scholar.harvard.edu/jsinger/blog/conflicting-rulings-whether-it-unconstitutional-taking-property-without-just

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Georgia

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Sept. 2, 2003

Closing Date: Nov. 21, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A registered sex offender ordered to move out of his home because he resides within one thousand feet of a "place where minors congregate"

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Georgia Department of Corrections, State

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Takings

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Sex offender regulation