Case: Doe v. Wilson

3:21-cv-04108 | U.S. District Court for the District of South Carolina

Filed Date: Dec. 22, 2021

Closed Date: April 22, 2022

Clearinghouse coding complete

Case Summary

This is a case about South Carolina's inclusion of people with pre-Lawrence v. Texas convictions for consensual gay sex on the state's sex offender registry. Lawrence v. Texas is a U.S. Supreme Court case that held most sanctions of criminal punishment for consensual, adult, non-procreative sexual activity are unconstitutional. On December 22, 2021, a man who was convicted of South Carolina’s criminal sodomy statute in 2001 and remained on the sex offender registry, filed this lawsuit in the Un…

This is a case about South Carolina's inclusion of people with pre-Lawrence v. Texas convictions for consensual gay sex on the state's sex offender registry. Lawrence v. Texas is a U.S. Supreme Court case that held most sanctions of criminal punishment for consensual, adult, non-procreative sexual activity are unconstitutional. On December 22, 2021, a man who was convicted of South Carolina’s criminal sodomy statute in 2001 and remained on the sex offender registry, filed this lawsuit in the United States District Court for the District Of South Carolina Columbia Division. The plaintiff sued South Carolina and the South Carolina State Law Enforcement Division under 42 U.S.C. § 1983 and the Fourteenth Amendment. Represented by the ACLU and private counsel, the plaintiff sought declaratory relief and attorneys’ fees. In addition, the plaintiff sought injunctive relief stopping the defendants from enforcing the criminal sodomy statute, removing the plaintiff from the sex offender registry, expunging records indicating the plaintiff was on the registry, and alerting agencies who were provided information about the plaintiff’s registration he is no longer on the registry. The plaintiff also sought injunctive relief ordering the defendants to cease placing individuals convicted under the criminal sodomy statute or a similar offense in another jurisdiction on the registry and informing all relevant agencies that such convictions are no longer registrable offenses. The case was assigned to District Judge Mary Geiger Lewis.

The plaintiff was indicted for consensual sex with another man in 2001. In 2006 he received a pardon, but is still required to register as a sex offender. Failure to comply can result in fines and imprisonment. Registered individuals must report in person twice a year for life. They must include immense biographical information as well as all employment, education, vehicle information, and online accounts. Any change in residence, real property ownership, employment, or enrollment in an educational facility must be reported to the county sheriff. Schools must provide registry information to parents. Individuals on the registry are more likely to lose a job, housing, and suffer harassment and assault. 

The complaint alleged a violation of the plaintiff's Due Process as the statute was unconstitutional after Lawrence v. Texas, and violates the Equal Protection Clause by treating homosexual intimacy as different than heterosexual without promoting a state interest. The statue was also vague as to which acts are prohibited. 

On April 12 the parties filed a joint motion for permanent injunction and on August 22, 2022, Judge Lewis granted the parties’ joint stipulation. The defendants agreed to remove all individuals on the registry merely for breaking the criminal sodomy statute and no individuals who have a similar conviction in a different jurisdiction would be added. The defendants would inform all removed individuals that they no longer need to register and inform the county sheriff’s offices that those individuals are no longer subject to the requirements of the registry. The defendants paid $31,592.30 in plaintiff’s fees, costs, and expenses.

The case is now closed.

Summary Authors

Zoe Van Dyke (11/27/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61640574/parties/doe-v-wilson/


Judge(s)

Lewis, Mary Geiger (South Carolina)

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Documents in the Clearinghouse

Document
1

3:21-cv-04108

Complaint for Declaratory and Injunctive Relief

Dec. 22, 2021

Dec. 22, 2021

Complaint
26

3:21-cv-04108

Order Granting Joint Stipulation and Request for Entry of Order

April 22, 2022

April 22, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61640574/doe-v-wilson/

Last updated Aug. 10, 2025, 5:48 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mark Keel, Alan Wilson (Filing fee $402 receipt number ASCDC-10248987) filed by John Doe. Service due by 3/22/2022(cbru, ) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

RECAP
3

Local Rule 26.01 Answers to Interrogatories by John Doe.(cbru, ) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
4

TEXT ORDER: Plaintiff filed this case as "John Doe vs. Alan Wilson, etc., et al". Pursuant to Fed. R. Civ. P. 10(a), unless Plaintiff seeks and receives permission from the Court, he cannot proceed anonymously. See James v. Jacobson, 6 F.3d 233, 238 (4th Cir. 1993). By January 5, 2022, Plaintiff shall either file an amended complaint in his true name or a motion to proceed anonymously. "A plaintiff seeking to proceed anonymously must show that [he or she] has a substantial privacy right that outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings." Richard S. v. Sebelius, C/A No. 3:12-cv-00007-TMC, 2012 WL 1909344, at *1 (D.S.C. May 25, 2012). IT IS SO ORDERED. (Amended Complaint/Motion due by 1/5/2022) Signed by Honorable Mary Geiger Lewis on 12/22/2021. (cbru, ) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
5

MOTION for Protective Order, MOTION to Proceed Under Pseudonym by John Doe. Response to Motion due by 1/5/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support)No proposed order.(Chaney, David). Modified to edit text and to add additional motion relief on 12/22/2021 (cbru, ). (Entered: 12/22/2021)

1 Memo in Support

View on RECAP

Dec. 22, 2021

Dec. 22, 2021

PACER
6

MOTION for Summary Judgment or, In the Alternative, for a Preliminary Injunction by John Doe. Response to Motion due by 1/5/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Request to Take Judicial Notice of Readily Determinable Facts Under Fed. R. Evid. 201, # 3 Exhibit A - Indictment, # 4 Exhibit B - Warrant, # 5 Exhibit C - Sentence, # 6 Exhibit D - Pardon, # 7 Exhibit E - Registry Entry)No proposed order.(Chaney, David) Modified to edit text on 12/22/2021 (cbru, ). (Entered: 12/22/2021)

1 Memo in Support

View on PACER

2 Request to Take Judicial Notice of Readily Determinable Facts Unde

View on PACER

3 Exhibit A - Indictment

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4 Exhibit B - Warrant

View on PACER

5 Exhibit C - Sentence

View on PACER

6 Exhibit D - Pardon

View on PACER

7 Exhibit E - Registry Entry

View on PACER

Dec. 22, 2021

Dec. 22, 2021

PACER
7

Summons Issued as to Alan Wilson. (cbru, ) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
8

Summons Issued as to Mark Keel. (cbru, ) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
9

MOTION to Seal Document by John Doe. Response to Motion due by 1/5/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Non-Confidential Descriptive Index of Documents to Seal, # 2 Memo in Support of Motion to File Documents Under Seal Pursuant to Local Rule 5.03)No proposed order.(Chaney, David) (Entered: 12/22/2021)

1 Exhibit 1 - Non-Confidential Descriptive Index of Documents to Seal

View on PACER

2 Memo in Support of Motion to File Documents Under Seal Pursuant to Local Rule 5.

View on PACER

Dec. 22, 2021

Dec. 22, 2021

RECAP
10

NOTICE of Appearance by James Emory Smith, Jr on behalf of Mark Keel, Alan Wilson (Smith, James) (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
11

MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Protective Order, MOTION to Proceed Under Pseudonym; 6 MOTION for Summary Judgment or, In the Alternative, for a Preliminary Injunction; 9 MOTION to Seal Document by Mark Keel, Alan Wilson. Response to Motion due by 2/3/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Smith, James) Modified to correct motion relief on 1/20/2022 (cbru, ). (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
13

TEXT ORDER granting 11 Motion for Extension of Time to File Response/Reply as to 5 MOTION for Protective Order, MOTION to Proceed Under Pseudonym; 6 MOTION for Summary Judgment or, In the Alternative, for a Preliminary Injunction; 9 MOTION to Seal Document. (Response to Motion due by 2/17/2022) Signed by Honorable Mary Geiger Lewis on 1/20/2022.(cbru, ) Modified to edit text on 1/20/2022 (cbru, ). (Entered: 01/20/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
14

ACCEPTANCE OF SERVICE OF COMPLAINT by John Doe. Alan Wilson served on 1/6/2022, answer due 1/27/2022. (Chaney, David) Modified to edit text on 1/24/2022 (cbru, ). (Main Document 14 replaced on 1/24/2022) (cbru, ). (Additional attachment(s) added on 1/24/2022: # 1 Signed Acceptance) (cbru, ). (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
15

ACCEPTANCE OF SERVICE OF COMPLAINT by John Doe. Mark Keel served on 1/6/2022, answer due 1/27/2022. (Chaney, David) Modified to edit text on 1/24/2022 (cbru, ). (Main Document 15 replaced on 1/24/2022) (cbru, ). (Additional attachment(s) added on 1/24/2022: # 1 Signed Acceptance) (cbru, ). (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
16

LETTER EXTENDING TIME TO ANSWER. Mark Keel answer due 2/17/2022; Alan Wilson answer due 2/17/2022.(Kirkland, Harley) Modified to edit text on 1/24/2022 (cbru, ). (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
17

Joint MOTION for Extension of Time to File Answer re 1 Complaint; MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Protective Order, MOTION to Proceed Under Pseudonym, 6 MOTION for Summary Judgment or, In the Alternative, for a Preliminary Injunction, 9 MOTION to Seal Document by Mark Keel, Alan Wilson. Response to Motion due by 3/2/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Leggett, Leon). Modified to correct motion relief and to add additional motion relief on 2/16/2022 (cbru, ). (Main Document 17 replaced on 2/16/2022) (cbru, ). (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

PACER
18

TEXT ORDER granting 17 Motion for Extension of Time to Answer re 1 Complaint; granting 17 Motion for Extension of Time to File Response/Reply as to 5 MOTION for Protective Order, MOTION to Proceed Under Pseudonym, 6 MOTION for Summary Judgment or, In the Alternative, for a Preliminary Injunction, 9 MOTION to Seal Document. (Mark Keel answer due 3/18/2022; Alan Wilson answer due 3/18/2022; Response to Motion due by 3/18/2022) Signed by Honorable Mary Geiger Lewis on 2/16/2022.(cbru, ) (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

PACER
19

Joint MOTION for Extension of Time to File Answer re 1 Complaint; MOTION for Extension of Time to File Response/Reply as to 5 MOTION for Protective Order, MOTION to Proceed Under Pseudonym, 6 MOTION for Summary Judgment or, In the Alternative, for a Preliminary Injunction, 9 MOTION to Seal Document by Mark Keel, Alan Wilson. Response to Motion due by 3/29/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Leggett, Leon). Modified to correct motion relief and to add additional motion relief on 3/15/2022 (cbru, ). (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
20

TEXT ORDER granting 19 Motion for Extension of Time to Answer re 1 Complaint; granting 19 Motion for Extension of Time to File Response/Reply as to 5 MOTION for Protective Order, MOTION to Proceed Under Pseudonym, 6 MOTION for Summary Judgment or, In the Alternative, for a Preliminary Injunction, 9 MOTION to Seal Document. (Mark Keel answer due 4/18/2022; Alan Wilson answer due 4/18/2022; Response to Motion due by 4/18/2022) Signed by Honorable Mary Geiger Lewis on 3/15/2022.(cbru, ) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
21

Joint MOTION for Permanent Injunction by John Doe. Response to Motion due by 4/26/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Chaney, David) (Attachment 1 replaced on 4/12/2022) (cbru, ). (Entered: 04/12/2022)

1 Proposed Order

View on RECAP

April 12, 2022

April 12, 2022

RECAP
22

Joint MOTION to Seal Document by John Doe. Response to Motion due by 4/26/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Non-Confidential Descriptive Index of Documents to Seal)No proposed order.(Chaney, David) Modified to edit text on 4/13/2022 (cbru, ). (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
23

ORDER granting 5 Motion for Protective Order; granting 5 Motion to Proceed Under Pseudonym. Signed by Honorable Mary Geiger Lewis on 4/18/2022.(cbru, ) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

RECAP
24

TEXT ORDER: The parties' 22 joint motion to seal is GRANTED. No later than April 22, 2022, the parties shall file the proposed document under seal. IT IS SO ORDERED. (Sealed Document due by 4/22/2022) Signed by Honorable Mary Geiger Lewis on 4/19/2022. (cbru, ) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER

~Util - Terminate Motions AND ~Util - Set Deadlines AND Order

April 19, 2022

April 19, 2022

PACER

~Util - Set Deadlines AND ~Util - Terminate Motions AND Order

April 19, 2022

April 19, 2022

PACER

~Util - Terminate Motions AND Order AND ~Util - Set Deadlines

April 19, 2022

April 19, 2022

PACER
25

Sealed Document in re document 21 . (Chaney, David) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
26

ORDER GRANTING JOINT STIPULATION AND REQUEST FOR ENTRY OF ORDER. Signed by Honorable Mary Geiger Lewis on 4/22/2022. (cbru, ) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

RECAP
27

JUDGMENT dismissing this action with prejudice. (cbru, ) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

RECAP

Case Details

State / Territory: South Carolina

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Dec. 22, 2021

Closing Date: April 22, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A man who was convicted of South Carolina’s criminal sodomy statute in 2001 and remained on the sex offender registry

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

South Carolina, State

South Carolina State Law Enforcement Division (Columbia, Richland), State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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:

Recordkeeping

Amount Defendant Pays: $31,592.30

Issues

General/Misc.:

Sex offender regulation

Discrimination Basis:

Sexual orientation

LGBTQ+:

LGBTQ+