Case: Doe v. Marion County

1:12-cv-00062 | U.S. District Court for the Southern District of Indiana

Filed Date: Jan. 17, 2012

Closed Date: June 7, 2013

Clearinghouse coding complete

Case Summary

On January 12, 2012, a registered sex offender living in Marion County, Indiana filed this class action in the Southern District of Indiana under 42 USC § 1983. The plaintiffs claimed that an Indiana law violated his First Amendment rights because it made it a crime for a registered sex offender to knowingly use a social networking website or instant messaging chatroom if persons under the age of eighteen had access to the platform or website. Represented by the ACLU of Indiana, the plaintiffs …

On January 12, 2012, a registered sex offender living in Marion County, Indiana filed this class action in the Southern District of Indiana under 42 USC § 1983. The plaintiffs claimed that an Indiana law violated his First Amendment rights because it made it a crime for a registered sex offender to knowingly use a social networking website or instant messaging chatroom if persons under the age of eighteen had access to the platform or website. Represented by the ACLU of Indiana, the plaintiffs requested injunctive and declaratory relief against the City of Indianapolis and the Marion County prosecutor to enjoin them from enforcing this law. The class also requested attorney’s fees and the plaintiff was allowed to proceed anonymously.

The City of Indianapolis was dismissed as a defendant on February 27, 2012 because all parties agreed that the City was not necessary to adjudication of the matter. The City agreed to abide by any later rulings by the court about the statute and the parties paid their own fees and costs.

On March 6, 2012, the court certified a class for the purpose of the claim that the Indiana statute was unconstitutional. Class members included: "all Marion County residents required to register as sex or violent offenders pursuant to Indiana law who are not subject to any form of supervised release and who are sexually violent predators under Indiana law or who have been convicted of one or more of the offenses noted in Indiana Code § 35-42-4-12(b)(2) and who are not within the statutory exceptions noted in Indiana Code § 35-42-4-12(a)."

Shortly after class certification was granted, the plaintiff class moved for a preliminary injunction on March 14. The parties filed trial briefs pending hearings on the motion and ultimately agreed to merge the hearing on the preliminary injunction motion with the bench trial. Therefore, the hearing would decide whether the plaintiffs were entitled to declaratory relief and a permanent injunction that would enjoin the State's enforcement of the statute.

On June 22, 2012, the court denied the motion. Because the statute was content neutral, the court found the statute passed the test as narrowly tailored to protect a government interest and left open alternative channels for communication. The opinion noted that the vastness of the internet allowed the plaintiff sufficient opportunity to exercise his rights: for example, the plaintiff was not barred from using websites like LinkedIn. In an era of advancing technology, the court acknowledged the government's interest in protecting the "virtual playground" of social networking sites from "sexual predators" and the statute was narrowly tailored to that interest.

On June 26, 2012, the plaintiff appealed to the Seventh Circuit, which reversed and remanded the decision in a 3-0 opinion (Judges Joel Flaum, Tinder, Tharp). 705 F.3d 694 (7th Cir. 2013). The three-judge panel found that the statute was overly-broad and restricted too much innocent speech. The Court declared the Indiana statute unconstitutional as violating the First Amendment and reversed and remanded with instructions to enter the injunction.

On remand, the district court entered judgment in favor of the plaintiff class on March 28, 2013. The permanent injunction prevented the defendant from enforcing the law against any member of the class. The parties settled on an unknown amount of attorneys’ fees and the case is now closed.

Summary Authors

Elizabeth Johnson (1/31/2019)

Carol Chen (7/5/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4942373/parties/doe-v-prosecutor-marion-county-indiana/


Judge(s)

Dinsmore, Mark. J. (Indiana)

Pratt, Tanya Walton (Indiana)

Tharp, John Joseph Jr. (Illinois)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Attorneys(s) for Defendant

Arthur, David A. (Indiana)

Shelby, Kate E (Indiana)

Judge(s)

Dinsmore, Mark. J. (Indiana)

Pratt, Tanya Walton (Indiana)

Tharp, John Joseph Jr. (Illinois)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Attorneys(s) for Defendant

Arthur, David A. (Indiana)

Shelby, Kate E (Indiana)

Documents in the Clearinghouse

Document

1:12-cv-00062

Docket [PACER]

June 7, 2013

June 7, 2013

Docket
1

1:12-cv-00062

Complaint

Jan. 17, 2012

Jan. 17, 2012

Complaint
29

1:12-cv-00062

Dismissal of City of Indianapolis as Defendant

Feb. 28, 2012

Feb. 28, 2012

Order/Opinion
33

1:12-cv-00062

Order Certifying Case as Class Action

March 6, 2012

March 6, 2012

Order/Opinion
53

1:12-cv-00062

Order Denying Plaintiff Motion for Preliminary Injunction

June 22, 2012

June 22, 2012

Order/Opinion

1:12-cv-00062

Reversal of District Court Ruling

U. S. Court of Appeals for the Seventh Circuit

Jan. 23, 2013

Jan. 23, 2013

Order/Opinion
71

1:12-cv-00062

Judgment

March 28, 2013

March 28, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4942373/doe-v-prosecutor-marion-county-indiana/

Last updated Aug. 25, 2022, 3:28 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CITY OF INDIANAPOLIS, INDIANA, PROSECUTOR, MARION COUNTY, INDIANA, filed by JOHN DOE. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(JD) (Entered: 01/17/2012)

Jan. 17, 2012

Jan. 17, 2012

26

ORDER granting Pltf's 6 Motion to Proceed by Anonymous Name and Motion to Seal Affidavit Containing Actual Name. Pltf's counsel shall file the affidavit of Pltf, signed in his actual name, under seal with the Clerk of this Court (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 2/27/2012. (SWM)

Feb. 27, 2012

Feb. 27, 2012

RECAP
2

Summons Issued as to CITY OF INDIANAPOLIS, INDIANA; PROSECUTOR, MARION COUNTY, INDIANA. (JD) (Entered: 01/17/2012)

Jan. 17, 2012

Jan. 17, 2012

3

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff JOHN DOE. (JD) (Entered: 01/17/2012)

Jan. 17, 2012

Jan. 17, 2012

4

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JD) (Entered: 01/17/2012)

Jan. 17, 2012

Jan. 17, 2012

5

NOTICE of Challenge to Constitutionality of State Statute , filed by Plaintiff JOHN DOE (Falk, Kenneth) (Entered: 01/18/2012)

Jan. 18, 2012

Jan. 18, 2012

7

BRIEF/MEMORANDUM in Support re 6 MOTION to Proceed by Anonymous Name and Motion to Seal Affidavit Containing Actual Name , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 01/18/2012)

Jan. 18, 2012

Jan. 18, 2012

8

MOTION to Certify Class , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 01/18/2012)

Jan. 18, 2012

Jan. 18, 2012

9

BRIEF/MEMORANDUM in Support re 8 MOTION to Certify Class , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 01/18/2012)

Jan. 18, 2012

Jan. 18, 2012

10

NOTICE of Appearance by David A. Arthur on behalf of Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Arthur, David) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

11

NOTICE of Appearance by Kate E. Shelby on behalf of Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Shelby, Kate) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

12

NOTICE of Parties' First Extension of Time, filed by Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Arthur, David) (Entered: 02/03/2012)

Feb. 3, 2012

Feb. 3, 2012

13

Unopposed MOTION for Extension of Time to to file response to 8 MOTION to Certify Class , filed by Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order)(Arthur, David) (Entered: 02/03/2012)

Feb. 3, 2012

Feb. 3, 2012

14

RETURN of Service by CMRRR, filed by JOHN DOE. CITY OF INDIANAPOLIS, INDIANA served on 1/20/2012. (Falk, Kenneth) (Entered: 02/03/2012)

Feb. 3, 2012

Feb. 3, 2012

15

RETURN of Service by CMRRR, filed by CITY OF INDIANAPOLIS, INDIANA. PROSECUTOR, MARION COUNTY, INDIANA served on 1/20/2012. (Falk, Kenneth) (Entered: 02/03/2012)

Feb. 3, 2012

Feb. 3, 2012

16

NOTICE of Appearance by Justin F. Roebel on behalf of Defendant CITY OF INDIANAPOLIS, INDIANA. (Roebel, Justin) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

17

NOTICE of Parties' First Extension of Time, filed by Defendant CITY OF INDIANAPOLIS, INDIANA. (Roebel, Justin) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

18

NOTICE of Appearance by Alexander Phillip Will on behalf of Defendant CITY OF INDIANAPOLIS, INDIANA. (Will, Alexander) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

19

SCHEDULING ORDER: Hearing on Plaintiff's Motion to Proceed by Anonymous name and Motion to Seal Affidavit containing Actual Name [Dkt. 6] and Unopposed Motion for Extension of Time to File Response to Motion to Certify Class [Dkt. 13] set for 2/21/2012 09:45 PM in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Initial Pretrial Conference set for 2/21/2012 09:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference (see Order for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 2/8/2012.(SWM) (Entered: 02/08/2012)

Feb. 8, 2012

Feb. 8, 2012

20

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff JOHN DOE and Defendants by CITY OF INDIANAPOLIS, INDIANA; PROSECUTOR, MARION COUNTY, INDIANA . (Falk, Kenneth) Added Defendants as filers on 2/10/2012 (JD). (Entered: 02/09/2012)

Feb. 9, 2012

Feb. 9, 2012

21

MOTION for Continuance of initial pretrial conference and hearings on pending motions , filed by Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order)(Arthur, David) (Entered: 02/13/2012)

Feb. 13, 2012

Feb. 13, 2012

22

SCHEDULING ORDER: Before the Court is Defendant Prosecutor's Motion to Continue the Initial Pretrial Conference and Hearings on Pending Motions 21 . This motion is hereby GRANTED IN PART AND DENIED IN PART. This matter is currently set for an initial pretrial conference on February 21, 2012 at 9:00 a.m. and a hearing on Plaintiff's Motion to Proceed By Anonymous Name and Motionto Seal Affidavit Containing Actual Name [Dkt. 6] and Defendant Prosecutor of Marion County's Unopposed Motion for Extension of Time to File Response to Motion to Certify Class [Dkt. 13] at 9:45. The Court hereby changes the start time of the initial pretrial conference to 9:30 a.m. and the hearing to 10:00 a.m. All other requirements of the Court's Orders dated 2/8/12 [Dkt. 19] are still in order and effect. Signed by Magistrate Judge Mark J. Dinsmore on 2/13/2012.(SWM) (Entered: 02/13/2012)

Feb. 13, 2012

Feb. 13, 2012

23

ORDER granting Deft Prosecutor, Marion County, Indiana's 13 Motion for Extension of Time to File Response to 3/6/2012 re 8 MOTION to Certify Class . Signed by Magistrate Judge Mark J. Dinsmore on 2/23/2012. (SWM) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

24

Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 2/21/2012. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. The parties further discussed the pending motions. The Court will Grant, by separate Order, Defendants' Motion for Extension of Time to Respond to the Motion to Certify Class [Dkt. 13]. Status Conference set for 3/27/2012 03:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the court via email. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 02/24/2012)

Feb. 23, 2012

Feb. 23, 2012

25

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 12/4/2012. Signed by Magistrate Judge Mark J. Dinsmore on 2/24/2012.(SWM) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

27

SEALED Affidavit of "John Doe" in his actual name , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

28

STIPULATION of Dismissal of Defendant City of Indianapolis , filed by Defendants CITY OF INDIANAPOLIS, INDIANA, PROSECUTOR, MARION COUNTY, INDIANA, Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

29

Stipulation of Dismissal − The City of Indianapolis is DISMISSED as a Party to this suit, with each party to pay its own costs and attorneys fees. Signed by Judge Tanya Walton Pratt on 2/28/2012.(JD) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

30

RESPONSE to Motion re 8 MOTION to Certify Class , filed by Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Arthur, David) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

31

ANSWER to 1 Complaint , filed by PROSECUTOR, MARION COUNTY, INDIANA.(Arthur, David) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

32

Submission of Proposed Order (Agreed) , re 8 MOTION to Certify Class , filed by Plaintiff JOHN DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

33

ORDER granting 8 Motion to Certify Class. Signed by Judge Tanya Walton Pratt on 3/6/2012. (JD) (Entered: 03/06/2012)

March 6, 2012

March 6, 2012

34

MOTION for Preliminary Injunction , filed by Plaintiff JOHN DOE. (Attachments: # 1 Affidavit John Doe (2nd Aff), # 2 Affidavit Fred Cate, # 3 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

35

BRIEF/MEMORANDUM in Support re 34 MOTION for Preliminary Injunction , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

36

SCHEDULING ORDER − Having approved the Case Management Plan as amended, the Court hereby sets the Final Pretrial Conference for Wednesday, August 21, 2013, at 9:00 a.m., in Room 330, and the Bench Trial to begin on Monday, September 9, 2013, at 9:00 a.m., in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Judge Tanya Walton

March 14, 2012

March 14, 2012

38

SCHEDULING ORDER − This matter is set for a Preliminary Injunction Hearing on 4/13/2012 at 9:00 a.m. in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Parties are allotted one hour, thirty minutes each side. Signed by Judge Tanya Walton Pratt on 3/15/2012.(JD) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

40

Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/27/2012. This matter is currently scheduled for a hearing on Plaintiff's motion for preliminary injunction at 9:00 a.m. on 4/13/2012. [Dkt. 34, 38.] Due to a scheduling conflict, counsel for Defendant is unable to respond to the motion as presently scheduled. Accordingly, Defendant orally moved to continue the hearing on the motion for preliminary injunction and the schedule for the briefing of that motion, which request Plaintiff does not oppose. The hearing on Plaintiff's motion for preliminary injunction scheduled to begin at 9:00 a.m. on April 13, 2012 is hereby VACATED and is rescheduled to begin at 9:00 a.m. on May 31, 2012 in Room 344, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The parties are allotted ninety minutes per side for the presentation of evidence and argument. The Court will conduct a telephonic conference at 3:00 p.m. on May 18, 2012 to discuss preparations for the hearing on the merits of this matter and to address any issues the parties may have in advance of that hearing. Counsel shall attend the conference by calling the designated phone number, be provided by the Court via email generated by the Court's ECF system (see Order for additional information and briefing schedule). Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 03/30/2012)

March 29, 2012

March 29, 2012

41

NOTICE of Filing of Additional Affidavit in Support of 34 Motion for Preliminary Injunction and All Other Relief, filed by All Plaintiffs (Attachments: # 1 Affidavit Geertsema−Sligh, # 2 CV−Geertsema−Sligh) (Falk, Kenneth) Added document link on 4/6/2012 (JD). (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

42

TRIAL BRIEF by All Plaintiffs. (Falk, Kenneth) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

43

Unopposed MOTION for Extension of Time to May 11, 2012 to file response to 34 MOTION for Preliminary Injunction and to plaintiffs' trial brief 42 , filed by Defendant PROSECUTOR, MARION COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order)(Arthur, David) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

44

NOTICE of Service of Initial Disclosures , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

45

ORDER granting 43 Motion for Extension of Time − The time for the defendant to file a response to the motion for preliminary injunction and trial brief is hereby enlarged to May 11. The time within which plaintiffs may file their reply is hereby enlarged to May 25. The remainder of the minute entry for March 27, 2012, status conference, including the May 18 telephonic status conference, remains in full force and effect. Signed by Judge Tanya Walton Pratt on 5/3/2012. (JD) (Entered: 05/03/2012)

May 3, 2012

May 3, 2012

47

TRIAL BRIEF by PROSECUTOR, MARION COUNTY, INDIANA. (Arthur, David) (Entered: 05/11/2012)

May 11, 2012

May 11, 2012

48

TRIAL BRIEF −REPLY− by All Plaintiffs. (Falk, Kenneth) (Entered: 05/17/2012)

May 17, 2012

May 17, 2012

49

**PLEASE DISREGARD, FILED IN THE WRONG CASE** NOTICE of Service of Initial Disclosures (Belated) , filed by Plaintiff JOHN DOE. (Falk, Kenneth) Modified on 5/18/2012 (JD). (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

50

Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephone Status Conference held on 5/18/2012. (See Entry for details.) Signed by Magistrate Judge Mark J. Dinsmore. (TMA) (Entered: 05/21/2012)

May 21, 2012

May 21, 2012

51

ENTRY REGARDING ROOM CHANGE − The hearing on Plaintiffs' Motion for Preliminary Injunction (Dkt. 34 ) and the merits of this action is scheduled to commence on May 31, 2012 at 9:00 a.m. in Courtroom 349, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana. Please make note of this

May 23, 2012

May 23, 2012

54

CLOSED JUDGMENT − After conducting a bench trial on the merits, the Court has denied Plaintiff, John Doe's Motion for Preliminary Injunction and request for permanent relief to enjoin enforcement of Indiana Code Indiana Code § 35−42−4−12 and ruled in favor of Defendant Prosecutor, Marion County, Indiana. The Court now enters final JUDGMENT in favor of Defendant. Signed by Judge Tanya Walton Pratt on 6/22/2012.(JD) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

55

NOTICE OF APPEAL as to 54 Closed Judgment, filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

56

SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 55 Notice of Appeal − Instructions for Attorneys − Parties' Short Record, Instructions, and Designation of Record information attached. (TMA) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

57

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 55 Notice of Appeal. − for Court of Appeals Use Only. (TMA) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

58

USCA Case Number 12−2512 for 55 Notice of Appeal filed by JOHN DOE. (Attachments: # 1 Circuit Rule 3(b) Notice) (TMA) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

59

USCA Appeal Fees received $ 455 receipt number IP030494 re 55 Notice of Appeal filed by JOHN DOE. (cc: USCA re: CA #12−2512.) (TMA) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

60

SEVENTH CIRCUIT TRANSCRIPT INFORMATION SHEET by All Plaintiffs for proceedings held on May 31, 2012 (partial transcript) before Judge Hon. Tonya Walton Pratt, re 55 Notice of Appeal (Falk, Kenneth) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

61

DESIGNATION of Record on Appeal by JOHN DOE, PROSECUTOR, MARION COUNTY, INDIANA re 55 Notice of Appeal (Attachments: # 1 Civil Docket− Marked)(Falk, Kenneth) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

62

NOTICE of FILING of OFFICIAL TRANSCRIPT of Excerpt of Hearing held before Judge Tanya Walton Pratt on 05/31/2012 (Moxley, David) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

63

TRANSCRIPT of Excerpt of Hearing held on 05/31/2012 before Judge Tanya Walton Pratt. (4 pages.) Court Reporter/Transcriber: David Moxley (Telephone: (317) 916−8209). Please review Local Rule 80−2 for more information on redaction procedures. Redaction Statement due 7/31/2012. Release of Transcript Restriction set for 10/9/2012. (Moxley, David) Released on 10/9/2012 (SWM). (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

64

Certified and Transmitted Record on Appeal to US Court of Appeals, via email, re 55 Notice of Appeal. (TMA) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

65

Appeal Remark re 55 Notice of Appeal : Long record received and docketed by the USCA. (TMA) (Entered: 10/24/2012)

Oct. 24, 2012

Oct. 24, 2012

66

MANDATE of USCA as to 55 Notice of Appeal filed by JOHN DOE − We REVERSE, with costs, the district court's decision, and REMAND with instructions to enter judgment in favor of Doe and issue the injunction. The above is in accordance with the decision of this court entered on this date. (TMA) (Entered: 03/07/2013)

March 7, 2013

March 7, 2013

67

ORDER − This matter is before the Court regarding the Mandate (Dkt. 66 ) issued by the United States Court of Appeals, for the Seventh Circuit, which remanded this case for further proceedings. In accordance with Local Rule 16−2, parties shall file their position statement on or before March 29, 2013. Additionally, the Clerk of the Court is directed to reopen this case. Signed by Judge Tanya Walton Pratt on 3/7/2013.(JD) (Entered: 03/08/2013)

March 7, 2013

March 7, 2013

68

Unopposed MOTION for Extension of Time to 30 days after entry of Judgment to File for Attorney's Fees and Costs , filed by Plaintiff JOHN DOE. (Falk, Kenneth) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

69

NOTICE of Filing Joint Position Statement by All Parties (Attachments: # 1 Proposed Final Judgment) (Falk, Kenneth) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

70

ORDER granting 68 Plaintiff's Unopposed Motion to Extend Time to File for Attorney's Fees and Costs. Plaintiffs shall have thirty days from this date to file any motion for attorneys' fees and costs. Signed by Judge Tanya Walton Pratt on 3/28/2013. (JD) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

71

CLOSED JUDGMENT − Indiana Code § 35−42−4−12 is unconstitutional as violating the First Amendment to the United States Constitution, and, IT IS ORDERED that Judgment is entered in favor of the plaintiff class, all Marion County residents required to register as sex or violent offenders pursuant to Indiana law who are not subject to any form of supervised release and who are sexually violent predators under Indiana law or who have been convicted of one or more of the offenses listed in Indiana Code § 35−42−4−12(b)(2) and who are not within the statutory exceptions noted in Indiana Code § 35−42−4−12(a), and a permanent injunction is entered preventing enforcement by the defendant of Indiana Code § 35−42−4−12 against any member of the plaintiff class. Signed by Judge Tanya Walton Pratt on 3/28/2013.(JD) (Entered: 03/28/2013)

March 28, 2013

March 28, 2013

72

Unopposed MOTION for Extension of Time to May 29, 2013 to File for Attorney's Fees and Costs , filed by Plaintiff JOHN DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

73

ORDER granting Pltfs' 72 Motion for Extension of Time to File for Attorney's Fees and Costs to 5/29/2013. Signed by Magistrate Judge Mark J. Dinsmore on 4/18/2013. (SWM) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

74

Unopposed MOTION for Extension of Time to June 28, 2013 to file for Attorney's Fees and Costs , filed by Plaintiff JOHN DOE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/22/2013)

May 22, 2013

May 22, 2013

75

ORDER granting 74 Motion for Extension of Time to 6/28/13 to File for Attorney's Fees and Costs. Signed by Magistrate Judge Mark J. Dinsmore on 5/23/2013. (TMA) (Entered: 05/23/2013)

May 23, 2013

May 23, 2013

76

NOTICE Concerning Payment of Attorney's Fees and Costs , filed by Plaintiff JOHN DOE (Attachments: # 1 Supplement) (Falk, Kenneth) (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

53

ENTRY FOLLOWING BENCH TRIAL ON THE MERITS - For the above reasons, the Court DENIES Mr. Doe's Motion for Preliminary Injunction and his request for permanent relief in the form of a declaratory judgment and a permanent injunction. (Dkt. Nos. 34 and 42 ) Final judgment in favor of the State will accompany this entry. Signed by Judge Tanya Walton Pratt on 6/22/2012. (JD)

June 22, 2012

June 22, 2012

RECAP

Case Details

State / Territory: Indiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 17, 2012

Closing Date: June 7, 2013

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A paroled registered sex offender living in Marion County, Indiana, on behalf of all Marion County residents required to register as sex or violent offenders pursuant to Indiana law who are not subject to any form of supervised release and who are sexually violent predators under Indiana law or who have been convicted of one or more of the offenses noted in Indiana Code § 35-42-4-12(b)(2) and who are not within the statutory exceptions noted in Indiana Code § 35-42-4-12(a).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Marion Country Prosecutor (Indianapolis, Marion), County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2013 - None

Content of Injunction:

Preliminary relief denied

Issues

General:

Sex offender regulation