Case: Doe v. Wasden

1:20-cv-00452 | U.S. District Court for the District of Idaho

Filed Date: Sept. 23, 2020

Closed Date: Nov. 10, 2022

Clearinghouse coding complete

Case Summary

This case was about whether the state of Idaho could force people who had oral or anal sex to register in its sex offender registry, despite the fact that laws criminalizing such acts were declared unconstitutional in the 2003 Supreme Court decision Lawrence v. Texas.  On September 23, 2020, an anonymous private plaintiff—who was criminally convicted in another state of engaging in oral sex before Lawrence v. Texas made the criminalization of such acts unconstitutional—brought this lawsuit in t…

This case was about whether the state of Idaho could force people who had oral or anal sex to register in its sex offender registry, despite the fact that laws criminalizing such acts were declared unconstitutional in the 2003 Supreme Court decision Lawrence v. Texas. 

On September 23, 2020, an anonymous private plaintiff—who was criminally convicted in another state of engaging in oral sex before Lawrence v. Texas made the criminalization of such acts unconstitutional—brought this lawsuit in the U.S. District Court for the District of Idaho. The plaintiff was represented by the ACLU of Idaho and private counsel, and the named defendants were Lawrence Wasden, Idaho Attorney General; Ked Wills, Idaho State Police Colonel; Leila McNeill, Bureau Chief of the Idaho State Police Bureau of Criminal Investigation; and Daniel Bowen, Andrew Doman, and Jill Holinka of the Idaho Code Commission. Under 43 U.S.C. § 1983, the plaintiff alleged Idaho Code § 18-6605, the “Crime Against Nature” law, violated his Fourteenth Amendment due process rights and sought relief declaring it unconstitutional as it related to activity between human beings. He also sought injunctive relief and a preliminary injunction to stop the state from enforcing the statute, to remove the plaintiff from the Sex Offender Registry, to expunge all records signaling his past inclusion on the registry, or, in the alternative, to stop administering and enforcing the registry law for for out-of-state “Crime Against Nature” equivalents. The plaintiff moved to seal unredacted documents and proceed under the pseudonym John Doe, which was not opposed by the defendants. The case was assigned to District Judge B. Lynn Winmill.

The defendants moved to dismiss for failure to state a claim on November 20, 2020. On December 11, 2020, the plaintiff amended his complaint, adding a second private plaintiff, correcting the spelling of defendants’ names, adding new causes of action under theories that the statute is impermissibly vague and violates the plaintiffs’ Fourteenth Amendment equal protection rights, and adding specificity to the injunctive relief sought. On January 19, 2021, the plaintiffs renewed their motion for a preliminary injunction.

The defendants filed a second motion to dismiss on December 28, 2020 in response to the amended complaint. They argued that the court lacked standing with respect to one of the plaintiffs because he had moved away from Idaho and been removed from the registration, that the crime against nature law was in line with Lawrence because the Idaho State Supreme Court had read a non-consent requirement into its prohibitions of human-to-human conduct, and that the underlying documents in the conviction of the anonymous defendant support the conclusion that consent was not present in the act for which he was convicted and subsequently required to register as a sex offender.

On September 8, 2021, the court evaluated the defendants’ motion to dismiss and the plaintiffs’ motion for preliminary injunction in a single opinion. Judge Winmill agreed with the defendants that the crime against nature statute was not facially unconstitutional because of the non-consent requirement read into it by the Idaho Supreme Court, and he dismissed that portion of the plaintiffs’ claim. He agreed with the plaintiffs, however, that the state’s requirement that they enroll in the sex offender registry violated their Fourteenth Amendment rights. For the anonymous plaintiff, his substantive due process rights were violated if the state relied on his conviction, or his procedural due process rights were violated if they looked into other documents of his case without holding a pre-deprivation hearing. For the second plaintiff, who was convicted of a crime against nature for sleeping with two 16-year-old males at the age of 18, his equal protection rights were violated by being forced to register when a similarly situated male who slept with 16-year-old females would not have been. Having determined that the plaintiffs were likely to succeed on the merits of their case and were actively experiencing irreparable harm by being on the sex offender registry, the court granted the plaintiffs’ preliminary injunction. 558 F.Supp.3d 892.

The defendants filed an appeal of the preliminary injunction with the U.S. Court of Appeals for the Ninth Circuit on October 1, 2021, and filed a motion to stay the injunction pending the decision of the Ninth Circuit. The court denied the motion to stay on January 24, 2022, noting that the only harm to the defendants would be the cost of litigation if the Ninth Circuit’s ruling was dispositive of the issues in controversy, which doesn’t meet the burden of irreparable harm. 2022 WL 204365. 

Oral arguments for the defendants’ appeal were heard by the Ninth Circuit on May 11, 2022. In the arguments, the Circuit Judges strongly encouraged the parties to settle the matter. The state’s position was that the registration statute did not allow for discretionary enforcement and so there was no avenue for settlement, but the Circuit Judges pointed out that the Attorney General’s Office could enter into an agreement with the plaintiffs that it would not prosecute if they did not register. 

In the District Court, the parties engaged in a seven-hour, thirty-minute settlement conference on August 2, 2022 but did not reach an agreement. Settlement negotiations continued in a conference on September 12, 2022 in which the parties reached agreement on some terms but continued to negotiate the remaining terms outside of court. The defendants’ appeal was terminated in the Ninth Circuit on October 6, 2022. 

The parties ultimately reached a settlement and entered the agreed upon dismissal and injunction into the record on November 10, 2022, and the court adopted it on November 14. The terms of the agreed upon injunction were that the two plaintiffs and a non-plaintiff party would be removed from the sex offender registry, the Idaho State Police would create a policy ensuring other people with similar convictions would not be forced to register in the future, the Idaho State Police would expunge all records indicating the parties were on the registry, the Idaho State Police would notify all agencies provided with registry information that the parties had been removed, and the Idaho State Police would pay plaintiffs $275,000 in attorneys’ fees.

The case is closed. 

Summary Authors

Terry Howard (1/2/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18468876/parties/doe-v-wasden/


Judge(s)
Attorney for Plaintiff

Eppink, Richard Alan (Idaho)

Groberg, Debra Anne (Idaho)

Attorney for Defendant

Hayes, Leslie Marie (Idaho)

Nemore, Stephanie (Idaho)

Nickels, Bryan A (Idaho)

show all people

Documents in the Clearinghouse

Document
1

1:20-cv-00452

Complaint for Declaratory and Injunctive Relief

Sept. 23, 2020

Sept. 23, 2020

Complaint
39

1:20-cv-00452

First Amended Complaint for Declaratory and Injunctive Relief

Dec. 11, 2020

Dec. 11, 2020

Complaint
84

1:20-cv-00452

Amended Memorandum & Opinion (Redacted)

Sept. 8, 2021

Sept. 8, 2021

Order/Opinion

558 F.Supp.3d 558

96

1:20-cv-00452

Memorandum Decision and Order

Jan. 24, 2022

Jan. 24, 2022

Order/Opinion

2022 WL 2022

125

1:20-cv-00452

Stipulation of Dismissal

Nov. 10, 2022

Nov. 10, 2022

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18468876/doe-v-wasden/

Last updated March 9, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
6

MOTION to Seal Document 5 Sealed Document (Unredacted Declaration of John Doe) Richard Alan Eppink appearing for Plaintiff John Doe. Responses due by 10/14/2020 (Attachments: # 1 Memorandum in Support)(Eppink, Richard)

Sept. 23, 2020

Sept. 23, 2020

PACER
5

Sealed Document Re: 4 MOTION for Preliminary Injunction . (Eppink, Richard)

Sept. 23, 2020

Sept. 23, 2020

PACER
4

MOTION for Preliminary Injunction Richard Alan Eppink appearing for Plaintiff John Doe. Responses due by 10/14/2020 (Attachments: # 1 Memorandum in Support, # 2 Declaration of John Doe (Redacted))(Eppink, Richard)

1 Memorandum in Support

View on PACER

2 Declaration of John Doe (Redacted)

View on PACER

Sept. 23, 2020

Sept. 23, 2020

PACER
3

MOTION re 1 Complaint, to Proceed under Pseudonym Richard Alan Eppink appearing for Plaintiff John Doe. Responses due by 10/14/2020 (Attachments: # 1 Memorandum in Support)(Eppink, Richard)

1 Memorandum in Support

View on RECAP

Sept. 23, 2020

Sept. 23, 2020

PACER
2

MOTION FOR PRO HAC VICE APPEARANCE by Matthew Strugar. ( Filing fee $ 250 receipt number 0976-2105543.)Richard Alan Eppink appearing for Plaintiff John Doe. Responses due by 10/14/2020 (Eppink, Richard)

Sept. 23, 2020

Sept. 23, 2020

PACER
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0976-2105538.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet, # 2 Summons Lawrence Wasden, # 3 Summons Ked Willis, # 4 Summons Lelia McNeil, # 5 Summons Individual Members of the Idaho Code Commission)(Eppink, Richard)

1 Cover Sheet

View on RECAP

2 Summons Lawrence Wasden

View on RECAP

3 Summons Ked Willis

View on RECAP

4 Summons Lelia McNeil

View on RECAP

5 Summons Individual Members of the Idaho Code Commission

View on RECAP

Sept. 23, 2020

Sept. 23, 2020

Clearinghouse
8

Sealed Document re 1 Complaint. (ckh)

Sept. 24, 2020

Sept. 24, 2020

PACER

Order on Motion for Pro Hac Vice Appearance

Sept. 24, 2020

Sept. 24, 2020

PACER
7

Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: # 1 Willis Summons, # 2 McNeil Summons, # 3 Idaho Code Commission Summons) (ckh)

Sept. 24, 2020

Sept. 24, 2020

PACER

DOCKET ENTRY ORDER approving 2 Motion for Pro Hac Vice Appearance of attorney Matthew Daniel Strugar for John Doe. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)

Sept. 24, 2020

Sept. 24, 2020

PACER
11

NOTICE of Appearance by Leslie Marie Hayes on behalf of Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis (Hayes, Leslie)

Oct. 5, 2020

Oct. 5, 2020

PACER

Corrective Entry

Oct. 5, 2020

Oct. 5, 2020

PACER
10

WAIVER OF SERVICE Returned Executed by Ked Willis, Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden. Ked Willis waiver sent on 9/24/2020, answer due 11/23/2020; Individual Members of the Idaho Code Commission waiver sent on 9/24/2020, answer due 11/23/2020; Lelia McNeil waiver sent on 9/24/2020, answer due 11/23/2020; Lawrence Wasden waiver sent on 9/24/2020, answer due 11/23/2020. (Hayes, Leslie)

Oct. 5, 2020

Oct. 5, 2020

PACER

CORRECTIVE ENTRY - Please disregard docket number 9 Waiver as the incorrect docket event was used. It is being re-filed.(jp)

Oct. 5, 2020

Oct. 5, 2020

PACER
9

WAIVER by Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. (Hayes, Leslie)

Oct. 5, 2020

Oct. 5, 2020

PACER
13

STIPULATION re 4 MOTION for Preliminary Injunction Extension of time for Defendants' Response and Plaintiff's Reply by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. (Hayes, Leslie)

Oct. 6, 2020

Oct. 6, 2020

PACER
12

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for John Doe, Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden and Ked Willis re 1 Complaint and 11 Notice of Appearance. Consent/Objection to Magistrate due by 12/7/2020. (ckh)

Oct. 6, 2020

Oct. 6, 2020

PACER

Set/Reset Deadlines as to 4 MOTION for Preliminary Injunction Responses due by 10/23/2020; Replies due by 11/6/2020. (wcf)

Oct. 7, 2020

Oct. 7, 2020

PACER

Set Motion and R&R Deadlines/Hearings

Oct. 7, 2020

Oct. 7, 2020

PACER
14

DOCKET ENTRY ORDER: Pursuant to the Parties' Stipulation (Dkt. 13 ) the Defendants shall file their response to Plaintiff's Motion for Preliminary Injunction (Dkt. 4 ) by October 23, 2020; Plaintiff shall file his reply by November 6, 2020. Signed by Judge B. Lynn Winmill. (wcf)

Oct. 7, 2020

Oct. 7, 2020

PACER
15

NOTICE of Appearance by Stephanie Nemore on behalf of Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis (Nemore, Stephanie)

Oct. 9, 2020

Oct. 9, 2020

PACER
16

Docket entry only - CONSENT to Magistrate Judge filed. (ckh)

Oct. 13, 2020

Oct. 13, 2020

PACER
17

LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE. IT IS HEREBY ORDERED AS FOLLOWS: The Court will conduct a telephonic scheduling conference on November 18, 2020, at 11:00 am mountain time, for purpose of confirming the deadlines proposed by the parties in the joint Litigation Plan. Plaintiff must initiate the conference call by placing it to (208) 334-9145 and must have all appropriate parties on the line. On or before November 11, 2020, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)

Oct. 14, 2020

Oct. 14, 2020

PACER
19

RESPONSE to Motion re 6 MOTION to Seal Document 5 Sealed Document (Unredacted Declaration of John Doe) Defendants' Qualified NonOpposition filed by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Replies due by 10/29/2020.(Hayes, Leslie)

Oct. 15, 2020

Oct. 15, 2020

PACER
18

RESPONSE to Motion re 3 MOTION re 1 Complaint, to Proceed under Pseudonym Defendants' Non-Opposition filed by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Replies due by 10/29/2020.(Hayes, Leslie)

Oct. 15, 2020

Oct. 15, 2020

RECAP
20

DOCKET ENTRY NOTICE OF HEARING regarding 4 MOTION for Preliminary Injunction: A Motion Hearing is set for 12/7/2020 at 10:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (jlb)

Oct. 19, 2020

Oct. 19, 2020

PACER
21

STIPULATION re 4 MOTION for Preliminary Injunction Second for Extension of Time by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. (Hayes, Leslie)

Oct. 21, 2020

Oct. 21, 2020

PACER

Set/Reset Deadlines as to 4 MOTION for Preliminary Injunction per docket 22. Responses due by 10/30/2020. Replies due by 11/13/2020. (ckh)

Oct. 22, 2020

Oct. 22, 2020

PACER

Set Motion and R&R Deadlines/Hearings

Oct. 22, 2020

Oct. 22, 2020

PACER
22

DOCKET ENTRY ORDER: Pursuant to the Parties' Stipulation (Dkt. 21 ), Defendants shall file their response to Dkt. 4 by October 30, 2020. Plaintiff's reply shall be filed by November 13, 2020. Signed by Judge B. Lynn Winmill. (wcf)

Oct. 22, 2020

Oct. 22, 2020

PACER
26

Sealed Document Re: 4 MOTION for Preliminary Injunction . (Attachments: # 1 Affidavit Sealed Dec McNeill, # 2 Exhibit Sealed Exh 1 McNeill, # 3 Affidavit Sealed Dec Redding, # 4 Exhibit Sealed Exh 2 Redding, # 5 Exhibit Sealed Exh 3 Redding, # 6 Exhibit Sealed Exh 4 Redding, # 7 Exhibit Sealed Exh 5 Redding, # 8 Exhibit Sealed Exh 6 Redding, # 9 Exhibit Sealed Exh 7 Redding, # 10 Exhibit Sealed Exh 8 Redding, # 11 Exhibit Sealed Exh 9 Redding, # 12 Exhibit Sealed Exh 10 Redding, # 13 Exhibit Sealed Exh 11 Redding, # 14 Exhibit Sealed Exh 12 Redding, # 15 Exhibit Sealed Exh 13 Redding, # 16 Exhibit Sealed Exh 14 Redding, # 17 Exhibit Sealed Exh 15 Redding)(Hayes, Leslie)

Oct. 30, 2020

Oct. 30, 2020

PACER
25

RESPONSE to Motion re 4 MOTION for Preliminary Injunction Redacted filed by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Replies due by 11/13/2020. (Attachments: # 1 Affidavit Redacted Dec McNeill, # 2 Exhibit Redacted McNeill Exh 1, # 3 Affidavit Dec Owens, # 4 Affidavit Redacted Dec Redding, # 5 Exhibit Redacted Exh 2, # 6 Exhibit Redacted Exh 3, # 7 Exhibit Redacted Exh 4, # 8 Exhibit Redacted Exh 5, # 9 Exhibit Redacted Exh 6, # 10 Exhibit Redacted Exh 7, # 11 Exhibit Redacted Exh 8, # 12 Exhibit Redacted Exh 9, # 13 Exhibit Redacted Exh 10, # 14 Exhibit Redacted Exh 11, # 15 Exhibit Redacted Exh 12, # 16 Exhibit Redacted Exh 13, # 17 Exhibit Redacted Exh 14, # 18 Exhibit Redacted Exh 15)(Hayes, Leslie)

Oct. 30, 2020

Oct. 30, 2020

PACER
24

DOCKET ENTRY ORDER: Good cause appearing, Defendants' Motion to Seal (Dkt. 23 ) is GRANTED. Signed by Judge B. Lynn Winmill. (wcf)

Oct. 30, 2020

Oct. 30, 2020

PACER
23

MOTION to Seal Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Responses due by 11/20/2020 (Hayes, Leslie)

Oct. 30, 2020

Oct. 30, 2020

RECAP
28

DISCOVERY PLAN by John Doe (Joint Discovery and Litigation Plan). (Strugar, Matthew)

Nov. 13, 2020

Nov. 13, 2020

PACER
27

REPLY to Response to Motion re 4 MOTION for Preliminary Injunction filed by John Doe.Motion Ripe Deadline set for 11/16/2020. (Attachments: # 1 Plaintiffs Evidentiary Objections to Evidence Submitted in Support of Defendants Opposition to Plaintiffs Motion for a Preliminary Injunction)(Strugar, Matthew)

Nov. 13, 2020

Nov. 13, 2020

PACER
29

SCHEDULING ORDER, TRACK: (Legal). IT IS HEREBY ORDERED that the following recitation of deadlines and procedures will govern this litigation: All dispositive motions, including motions for punitive damages, must be filed by July 30, 2021. Motions to amend pleadings and join parties, except for allegations of punitive damages, must be filed on or before March 11, 2021. ADR must be held by June 11, 2021. All fact discovery must be completed by July 6, 2021. The Court will conduct a telephonic interim status conference on June 3, 2021 at 2:00 p.m. Plaintiff must initiate the conference call by placing it to (208) 334-9145 and must have all appropriate parties on the line. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)

Nov. 18, 2020

Nov. 18, 2020

PACER
32

Sealed Memorandum ISO Defendants'MTD Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Responses due by 12/11/2020 (Attachments: # 1 Exhibit 1 Sealed, # 2 Exhibit 2 Sealed)(Hayes, Leslie) Modified on 2/4/2021 to term motion(alw).

Nov. 20, 2020

Nov. 20, 2020

PACER
31

SEALED MOTION Defendants' Motion to Seal Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Responses due by 12/11/2020 (Hayes, Leslie)

Nov. 20, 2020

Nov. 20, 2020

PACER
30

Motion to Dismiss for Failure to State a Claim Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. Responses due by 12/11/2020 (Hayes, Leslie)

Nov. 20, 2020

Nov. 20, 2020

RECAP
34

REDACTION to 30 Motion to Dismiss for Failure to State a Claim Redacted Motion to Seal by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. (Hayes, Leslie)

Nov. 23, 2020

Nov. 23, 2020

PACER
33

REDACTION to 30 Motion to Dismiss for Failure to State a Claim Redacted Memorandum ISO MTD by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis. (Attachments: # 1 Exhibit 1 redacted, # 2 Exhibit 2 redacted)(Hayes, Leslie)

Nov. 23, 2020

Nov. 23, 2020

PACER
35

NOTICE by John Doe re 4 MOTION for Preliminary Injunction Withdrawal of Motion for Preliminary Injunction (Strugar, Matthew)

Dec. 1, 2020

Dec. 1, 2020

PACER
37

DOCKET ENTRY ORDER: Good cause appearing, Defendants' Motion to Seal 31 is GRANTED. Signed by Judge B. Lynn Winmill. (wcf)

Dec. 2, 2020

Dec. 2, 2020

PACER
36

DOCKET ENTRY ORDER: Pursuant to the Plaintiff's Notice of Withdrawal of Motion for Preliminary Injunction (Dkt. 35 ) the hearing on the Motion for Preliminary Injunction (Dkt. 4, 20 ) is VACATED. Signed by Judge B. Lynn Winmill. (wcf)

Dec. 2, 2020

Dec. 2, 2020

PACER
38

ERRATA by Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Ked Willis re 25 Response to Motion,,, Corrected Exh 1 to Decl. McNeill original exhibit 1 [Dkt. 25.2] to be sealed. (Attachments: # 1 Exhibit Corrected Exh. 1 to Dec. McNeil)(Hayes, Leslie)

Dec. 3, 2020

Dec. 3, 2020

PACER

The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (alw)

Dec. 8, 2020

Dec. 8, 2020

PACER

Expired 60 Day ddl re Consents

Dec. 8, 2020

Dec. 8, 2020

PACER
40

RESPONSE to Motion re 30 Motion to Dismiss for Failure to State a Claim filed by John Doe, Randall Menges. Replies due by 12/28/2020.(Strugar, Matthew)

Dec. 11, 2020

Dec. 11, 2020

PACER
39

AMENDED COMPLAINT against All Defendants, filed by John Doe, Randall Menges. (Attachments: # 1 Redline Version of Amended Complaint)(Strugar, Matthew)

1 Redline Version of Amended Complaint

View on PACER

Dec. 11, 2020

Dec. 11, 2020

Clearinghouse
41

ORDER. IT IS ORDERED that Plaintiff's Motion to Proceed Under Pseudonym (Dkt. 3 ) is GRANTED. Plaintiff's Motion to Seal (Dkt. 6) is GRANTED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) (Entered: 12/28/2020)

Dec. 23, 2020

Dec. 23, 2020

RECAP
45

Sealed Document Re: 42 Motion to Dismiss for Failure to State a Claim . (Attachments: # 1 Exhibit 1 Sealed, # 2 Exhibit 2 Sealed)(Hayes, Leslie)

Dec. 28, 2020

Dec. 28, 2020

PACER
44

MOTION to Seal Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 1/19/2021 (Hayes, Leslie)

Dec. 28, 2020

Dec. 28, 2020

PACER
43

MOTION to File Overlength Brief re 42 Motion to Dismiss for Failure to State a Claim Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 1/19/2021 (Hayes, Leslie)

Dec. 28, 2020

Dec. 28, 2020

PACER
42

Motion to Dismiss for Failure to State a Claim Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 1/19/2021 (Attachments: # 1 Memorandum in Support Redacted, # 2 Exhibit 1 Redacted, # 3 Exhibit 2 Redacted, # 4 Exhibit 3)(Hayes, Leslie)

1 Memorandum in Support Redacted

View on RECAP

2 Exhibit 1 Redacted

View on PACER

3 Exhibit 2 Redacted

View on PACER

4 Exhibit 3

View on PACER

Dec. 28, 2020

Dec. 28, 2020

PACER
46

Joint MOTION for Leave to File Excess Pages and Combined Brief in Opposition to Defendants' Renewed Motion to Dismiss and in Support of Plaintiffs' Renewed Motion for Summary Judgment Matthew Daniel Strugar appearing for Plaintiffs John Doe, Randall Menges. Responses due by 2/4/2021 (Strugar, Matthew)

Jan. 14, 2021

Jan. 14, 2021

PACER
47

DOCKET ENTRY ORDER: For good cause appearing: Defendants' Motion to File Overlength Brief (Dkt. 43 ) is GRANTED. Defendants' Motion to Seal is GRANTED (Dkt. 44 ) and the documents identified in the motion shall be filed under seal. Plaintiffs' Motion for Leave to File Consolidated Overlength Brief (Dkt. 46 ) is GRANTED. Signed by Judge B. Lynn Winmill. (wcf)

Jan. 15, 2021

Jan. 15, 2021

PACER
51

Sealed Document Re: 49 MOTION for Preliminary Injunction, 48 Memorandum in Opposition to Motion,. (Attachments: # 1 Declaration of John Doe in Support of Plaintiffs' Motion for a Preliminary Injunction)(Strugar, Matthew)

Jan. 19, 2021

Jan. 19, 2021

PACER
50

MOTION to Seal Document 49 MOTION for Preliminary Injunction, 48 Memorandum in Opposition to Motion, Matthew Daniel Strugar appearing for Plaintiffs John Doe, Randall Menges. Responses due by 2/9/2021 (Strugar, Matthew)

Jan. 19, 2021

Jan. 19, 2021

RECAP
49

MOTION for Preliminary Injunction Matthew Daniel Strugar appearing for Plaintiffs John Doe, Randall Menges. Responses due by 2/9/2021 (Attachments: # 1 Memorandum in Support Combined Brief in Opposition to Defendants' Motion to Dismiss and in Support of Plaintiffs' Motion for a Preliminary Injunction, # 2 Declaration of John Doe in Support of Plaintiffs' Motion for a Preliminary Injunction (redacted), # 3 Declaration of Randall Menges in Support of Plaintiffs' Motion for a Preliminary Injunction)(Strugar, Matthew)

1 Memorandum in Support Combined Brief in Opposition to Defendants' Motion to

View on PACER

2 Declaration of John Doe in Support of Plaintiffs' Motion for a Preliminary

View on PACER

3 Declaration of Randall Menges in Support of Plaintiffs' Motion for a Preli

View on PACER

Jan. 19, 2021

Jan. 19, 2021

PACER
48

MEMORANDUM in Opposition re 42 Motion to Dismiss for Failure to State a Claim filed by John Doe, Randall Menges. Replies due by 2/2/2021. (Attachments: # 1 Plaintiffs' Evidentiary Objections to Evidence Submitted in Support of Defendants' Motion to Dismiss)(Strugar, Matthew)

Jan. 19, 2021

Jan. 19, 2021

PACER
52

DOCEKT ENTRY ORDER: Plaintiffs' Motion to File Under Seal (Dkt. 50 ) is GRANTED. Signed by Judge B. Lynn Winmill. (wcf)

Feb. 1, 2021

Feb. 1, 2021

PACER
57

ERRATA by Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills re 54 MOTION for Leave to File Excess Pages . (Attachments: # 1 Errata Corrected Mtn for Overlength Brief)(Hayes, Leslie)

Feb. 2, 2021

Feb. 2, 2021

PACER
56

Sealed Document Re: 53 Reply to Response to Motion,. (Hayes, Leslie)

Feb. 2, 2021

Feb. 2, 2021

PACER
55

MOTION to Seal Defendants Reply ISO Defendants' Renewed MTD Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 2/23/2021 (Hayes, Leslie)

Feb. 2, 2021

Feb. 2, 2021

PACER
54

MOTION for Leave to File Excess Pages Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 2/23/2021 (Hayes, Leslie)

Feb. 2, 2021

Feb. 2, 2021

PACER
53

REPLY to Response to Motion re 42 Motion to Dismiss for Failure to State a Claim, 49 MOTION for Preliminary Injunction Redacted Reply Brief ISO Renewed Motion to Dismiss filed by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills.Motion Ripe Deadline set for 2/3/2021.(Hayes, Leslie)

Feb. 2, 2021

Feb. 2, 2021

PACER
58

DOCKET ENTRY ORDER: Good cause appearing, Defendants' Motion for Leave to File Excess Pages (Dkt. 54 ) and Motion to Seal (Dkt. 55 ) are GRANTED. Signed by Judge B. Lynn Winmill. (wcf)

Feb. 3, 2021

Feb. 3, 2021

PACER
61

MOTION to Seal Document 60 Sealed Response to Motion Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 3/2/2021 (Hayes, Leslie)

Feb. 9, 2021

Feb. 9, 2021

PACER
60

SEALED RESPONSE to Motion re 49 MOTION for Preliminary Injunction Opposition filed by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Replies due by 2/23/2021.(Hayes, Leslie)

Feb. 9, 2021

Feb. 9, 2021

PACER
59

RESPONSE to Motion re 49 MOTION for Preliminary Injunction Opposition filed by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Replies due by 2/23/2021. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hayes, Leslie)

Feb. 9, 2021

Feb. 9, 2021

PACER
62

DOCKET ENTRY ORDER: Good cause appearing, Defendants' Motion to Seal Opposition to Renewed Motion for Preliminary Injunction (Dkt. 61 ) is GRANTED. Signed by Judge B. Lynn Winmill. (wcf)

Feb. 10, 2021

Feb. 10, 2021

PACER
66

Sealed Document Re: 64 Reply to Response to Motion. (Strugar, Matthew)

Feb. 23, 2021

Feb. 23, 2021

PACER
65

MOTION to Seal Document 64 Reply to Response to Motion Matthew Daniel Strugar appearing for Plaintiffs John Doe, Randall Menges. Responses due by 3/16/2021 (Strugar, Matthew)

Feb. 23, 2021

Feb. 23, 2021

PACER
64

REPLY to Response to Motion re 49 MOTION for Preliminary Injunction (redacted) filed by John Doe, Randall Menges.Motion Ripe Deadline set for 2/24/2021.(Strugar, Matthew)

Feb. 23, 2021

Feb. 23, 2021

PACER
63

DOCKET ENTRY NOTICE OF HEARING regarding 42 Motion to Dismiss for Failure to State a Claim and 49 MOTION for Preliminary Injunction: A Video Motion Hearing is set for 4/7/2021 at 3:30 PM by Video - Boise to Other location (Mountain Time) before Judge B. Lynn Winmill. A Zoom link will be provided prior to the date of the hearing. (jlg)

Feb. 23, 2021

Feb. 23, 2021

PACER
67

DOCKET ENTRY ORDER: Good cause appearing, Plaintiffs' Motion to File Under Seal (Dkt. 65 ) is GRANTED. Signed by Judge B. Lynn Winmill. (wcf)

March 8, 2021

March 8, 2021

PACER
68

Consent MOTION Extend Pre-Trial Dates re 29 Order,,,, Set Deadlines/Hearings,,, Matthew Daniel Strugar appearing for Plaintiffs John Doe, Randall Menges. Responses due by 4/1/2021 (Strugar, Matthew)

March 11, 2021

March 11, 2021

RECAP
69

ORDER GRANTING JOINT STIPULATION AND MOTION TO EXTEND PRE-TRIAL DATES re: 68 Motion. IT IS ORDERED THAT the currently scheduled pre-trial dates are extended. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km) (Entered: 03/13/2021)

March 12, 2021

March 12, 2021

RECAP
70

DOCKET ENTRY NOTICE OF HEARING regarding 42 Motion to Dismiss for Failure to State a Claim and 49 MOTION for Preliminary Injunction: A Video Motion Hearing is set for 4/7/2021 at 3:30 PM by Video - Boise to Other location (Mountain Time) before Judge B. Lynn Winmill. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 161 001 9701, Meeting Passcode: 486137. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings.(jlg)

April 2, 2021

April 2, 2021

PACER
72

MOTION to Supplement Pleadings Leslie Marie Hayes appearing for Defendants Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Responses due by 4/27/2021 (Attachments: # 1 Affidavit Decl Counsel, # 2 Exhibit A Counsel, # 3 Affidavit Decl Redding, # 4 Exhibit A Redding)(Hayes, Leslie)

1 Affidavit Decl Counsel

View on PACER

2 Exhibit A Counsel

View on PACER

3 Affidavit Decl Redding

View on PACER

4 Exhibit A Redding

View on PACER

April 6, 2021

April 6, 2021

PACER

Corrective Entry

April 6, 2021

April 6, 2021

PACER

CORRECTIVE ENTRY - The entry was filed using the incorrect event. The filing party shall re-submit their filing using the 'Supplement' event under Motions.(kt)

April 6, 2021

April 6, 2021

PACER
71

NOTICE by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills of New Information (Attachments: # 1 Affidavit Declaration of Counsel, # 2 Exhibit Exhibit A Counsel, # 3 Affidavit Declaration of Redding, # 4 Exhibit Exhibit A Redding)(Hayes, Leslie)

1 Affidavit Declaration of Counsel

View on RECAP

2 Exhibit Exhibit A Counsel

View on RECAP

3 Affidavit Declaration of Redding

View on RECAP

4 Exhibit Exhibit A Redding

View on RECAP

April 6, 2021

April 6, 2021

RECAP
74

Docket Text Minute Entry for proceedings held before Judge B. Lynn Winmill: A Video Motion Hearing was held on 4/7/2021 re 42 Motion to Dismiss for Failure to State a Claim and 49 Motion for Preliminary Injunction. Appearances - Matthew Strugar for the Plaintiff and Leslie Hayes for the Defendant. The Court deemed the matter under advisement. A written decision is forthcoming. (Court Reporter Tammy Hohenleitner. Time on the record: 3:32 - 4:26 p.m.) (jlg) (Entered: 04/09/2021)

April 7, 2021

April 7, 2021

PACER
73

RESPONSE to Motion re 72 MOTION to Supplement Pleadings filed by John Doe, Randall Menges. Replies due by 4/21/2021.(Strugar, Matthew)

April 7, 2021

April 7, 2021

PACER
75

Notice of Filing of Official Transcript of Proceedings held on 4/7/2021 before Judge B. Lynn Winmill. Court Reporter Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction re 74 Motion Hearing,. Redaction Request due 5/3/2021. Redacted Transcript Deadline set for 5/12/2021. Release of Transcript Restriction set for 7/12/2021. (th)

April 11, 2021

April 11, 2021

PACER
76

Transcript Redaction Request by attorney Richard Alan Eppink. (Eppink, Richard)

April 16, 2021

April 16, 2021

PACER
77

Redaction of Motion Hearing 75 Transcript. (kt) (Entered: 04/21/2021)

April 20, 2021

April 20, 2021

PACER
78

NOTICE by John Doe, Randall Menges re 42 Motion to Dismiss for Failure to State a Claim, 49 MOTION for Preliminary Injunction of Supplemental Authority (Attachments: # 1 Order in Menges v. Knudsen)(Strugar, Matthew)

May 12, 2021

May 12, 2021

PACER
79

NOTICE: The Telephonic Status Conference set for June 3, 2021 is vacated. (wcf)

June 1, 2021

June 1, 2021

PACER
81

DOCKET ENTRY ORDER approving 80 Motion for Pro Hac Vice Appearance of attorney Aadika Jaspal Singh for John Doe and Randall Menges. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)

Aug. 27, 2021

Aug. 27, 2021

PACER
80

MOTION FOR PRO HAC VICE APPEARANCE by Aadika Singh. ( Filing fee $ 250 receipt number AIDDC-2263727.)Richard Alan Eppink appearing for Plaintiffs John Doe, Randall Menges. Responses due by 9/17/2021 (Eppink, Richard)

Aug. 27, 2021

Aug. 27, 2021

PACER
82

SEALED ORDER re: 30 Motion to Dismiss for Failure to State a Claim, 42 Motion to Dismiss for Failure to State a Claim, 49 Motion for Preliminary Injunction, 72 Motion to Supplement. Signed by Judge B Lynn Winmill.(slm) Modified on 9/7/2021 correct docket text as Order is sealed (km).

Sept. 4, 2021

Sept. 4, 2021

PACER
84

AMENDED MEMORANDUM DECISION AND ORDER (REDACTED). Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) (Entered: 09/09/2021)

Sept. 8, 2021

Sept. 8, 2021

Clearinghouse
83

SEALED AMENDED ORDER re: 30 Motion to Dismiss for Failure to State a Claim, 42 Motion to Dismiss for Failure to State a Claim, 49 Motion for Preliminary Injunction, 72 Motion to Supplement. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) (Entered: 09/09/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
87

USCA Case Number 21-35826 for 86 Notice of Appeal,, filed by Lawrence Wasden, Lelia McNeil, Individual Members of the Idaho Code Commission, Kedrick Wills. (kt)

Oct. 1, 2021

Oct. 1, 2021

PACER
86

NOTICE OF APPEAL 21-35826 as to 83 Sealed Order,, Memorandum Decision,,, 82 Order on Motion to Dismiss for Failure to State a Claim,,,, Order on Motion for Preliminary Injunction,, Order on Motion to Supplement, by Individual Members of the Idaho Code Commission, Lelia McNeil, Lawrence Wasden, Kedrick Wills. Filing Fee PAID. $ 505, receipt number AIDDC-2281630. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Cover Sheet Representation Statement)(Hayes, Leslie) Modified on 10/1/2021 to add USCA case number (kt). Modified on 10/12/2021 to indicate payment made(kt).

1 Cover Sheet Representation Statement

View on PACER

Oct. 1, 2021

Oct. 1, 2021

RECAP
85

NOTICE of Substitution - Attorney Dayton Patrick Reed for Individual Members of the Idaho Code Commission,Dayton Patrick Reed for Lelia McNeil,Dayton Patrick Reed for Lawrence Wasden,Dayton Patrick Reed for Kedrick Wills added. Attorney Stephanie Nemore terminated. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by Attorney (Reed, Dayton)

Oct. 1, 2021

Oct. 1, 2021

PACER
88

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by John Doe, Randall Menges. (Strugar, Matthew)

Oct. 8, 2021

Oct. 8, 2021

PACER

Case Details

State / Territory: Idaho

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Sept. 23, 2020

Closing Date: Nov. 10, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two plaintiffs who were forced to enroll in Idaho's Sex Offender Registry due to pre-Lawrence v. Texas convictions for violating sodomy laws.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Idaho (Boise, Ada), State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Reporting

Recordkeeping

Amount Defendant Pays: $275,000

Order Duration: 2022 - None

Issues

General/Misc.:

Sex offender regulation

LGBTQ+:

LGBTQ+