Case: Doe #1 v. Hall

1:20-cv-00600 | U.S. District Court for the Eastern District of California

Filed Date: April 28, 2020

Closed Date: Sept. 14, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: On April 29, 2020, three individuals sued the Fresno County Sheriff’s Office and Fresno Police Department, claiming that the defendant’s requirement of in-person registration for sex offenders violates COVID-19 related orders by the Governor of California. The plaintiffs voluntarily dismissed the case in September. On April 28, 2020, three individuals vulnerable to COVID-19 due to age and/or underlying medical conditions sued the Fresno County Sheriff’s Office and Fresno Poli…

COVID-19 Summary: On April 29, 2020, three individuals sued the Fresno County Sheriff’s Office and Fresno Police Department, claiming that the defendant’s requirement of in-person registration for sex offenders violates COVID-19 related orders by the Governor of California. The plaintiffs voluntarily dismissed the case in September.


On April 28, 2020, three individuals vulnerable to COVID-19 due to age and/or underlying medical conditions sued the Fresno County Sheriff’s Office and Fresno Police Department, claiming that the defendant’s requirement of in-person registration for sex offenders violate COVID-19 related orders. Represented by private counsel, the plaintiffs brought this lawsuit under 42 U.S.C. § 1983, an injunctive action, and a declaratory action under 28 U.S.C. § 2201.

Plaintiffs alleged that the requirement violated their Eighth and Fourteenth Amendment as their 30-day, 90-day or annual in-person registration exposed them to a risk of contracting COVID-19 when the California Sex Offender Registration Act did not require in-person updates. The plaintiffs sought a judgment declaring that the California law did not require in-person registrations, injunctive relief to halt the practice during the pandemic, and attorneys’ fees. The case was filed in the U.S. District Court for the Eastern District of California and assigned to Magistrate Judge Jeremy D. Peterson. The plaintiffs filed an amended complaint on May 4, with an additional plaintiff.

On May 13, the plaintiffs filed a motion for temporary restraining order (TRO) prohibiting the defendants from requiring in-person registration for periodic updates until a hearing on the preliminary injunction could be held.

On May 27, the district court denied the TRO, finding that the plaintiffs' request for a TRO was based on facts prior to the COVID-19 outbreak and before implementation of social distancing and other public health measures. 2020 WL 2745718. In rejecting the request, the court noted that the defendants' response outlined the changes made to the personal presentment process, which requires no contact, is socially-distanced and takes place outdoors.

On September 14, the plaintiffs stipulated to dismiss the entire action with prejudice and Judge Peterson issued an order closing the case.

Summary Authors

Averyn Lee (9/22/2020)

Chandler Hart-McGonigle (11/15/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17199253/parties/doe-1-v-hall/


Judge(s)

Drozd, Dale Alan (California)

Attorney for Plaintiff

Bellucci, Janice Madelyn (California)

Attorney for Defendant

Cederborg, Daniel C. (California)

Hawkins, Scott Charles (California)

Expert/Monitor/Master/Other

Peterson, James Donald (Wisconsin)

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Documents in the Clearinghouse

Document

1:20-cv-00600

Docket [PACER]

Sept. 18, 2020

Sept. 18, 2020

Docket
1, 1-1, 1-2

1:20-cv-00600

Complaint

April 28, 2020

April 28, 2020

Complaint
5, 5-1

1:20-cv-00600

Complaint for Declaratory and Injunctive Relief

May 4, 2020

May 4, 2020

Complaint
8, 8-1, 8-2, 8-3, 8-4, 8-5

1:20-cv-00600

Plaintiffs' Motion for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction

May 13, 2020

May 13, 2020

Pleading / Motion / Brief
10 (& 10-1 to 10-2)

1:20-cv-00600

Respondents', (Fresno County Sheriff's Office and Sheriff Margaret Mims, in Her Official Capacity), Opposition to Plaintiffs' Motion for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction

May 20, 2020

May 20, 2020

Pleading / Motion / Brief
11

1:20-cv-00600

Order Denying Motion for Temporary Restraining Order

May 27, 2020

May 27, 2020

Order/Opinion

2020 WL 2020

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17199253/doe-1-v-hall/

Last updated March 1, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants by John Doe #1, John Doe #3, John Doe #2. Attorney Bellucci, Janice Madelyn added. (Filing fee $ 400, receipt number 0972-8864708) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Bellucci, Janice) (Entered: 04/28/2020)

1 Exhibit

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2 Civil Cover Sheet

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April 28, 2020

April 28, 2020

PACER
2

SUMMONS ISSUED as to *Margaret Mims* with answer to complaint due within *21* days. Attorney *Janice Madelyn Bellucci* *Law Office of Janice M. Bellucci* *1215 K Street, 17th Floor* *Sacramento, CA 95814*. (Lundstrom, T) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
3

SUMMONS ISSUED as to *Andrew Hall* with answer to complaint due within *21* days. Attorney *Janice Madelyn Bellucci* *Law Office of Janice M. Bellucci* *1215 K Street, 17th Floor* *Sacramento, CA 95814*. (Lundstrom, T) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
4

CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 9/17/2020 at 10:30 AM in Yosemite (JDP) before Magistrate Judge Jeremy D. Peterson. (Attachments: # 1 Standing Order, # 2 Standing Order re Judicial Emergency, # 3 Consent Form, # 4 VDRP) (Lundstrom, T) (Entered: 04/29/2020)

1 Standing Order

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2 Standing Order re Judicial Emergency

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3 Consent Form

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4 VDRP

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April 29, 2020

April 29, 2020

PACER
5

FIRST AMENDED COMPLAINT against All Defendants by John Doe #1, John Doe #3, John Doe #2. (Attachments: # 1 Exhibit)(Bellucci, Janice) (Entered: 05/04/2020)

1 Exhibit

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May 4, 2020

May 4, 2020

PACER
6

SUMMONS RETURNED EXECUTED: Margaret Mims served on 5/7/2020, answer due 5/28/2020. (Bellucci, Janice) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
7

NOTICE of Request to Proceed Under Pseudonyms and to Redact Documents by All Plaintiffs. (Bellucci, Janice) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
8

MOTION for TEMPORARY RESTRAINING ORDER by John Doe #1, John Doe #2, John Doe #3. Motion Hearing set for 5/19/2020 at 09:30 AM in Courtroom 4 before District Judge Dale A. Drozd. (Attachments: # 1 Points and Authorities, # 2 Affidavit re Notice of Motion for TRO, # 3 Affidavit re Existence of Irreparable Injury, # 4 Proposed Order, # 5 Proposed Order)(Bellucci, Janice) (Entered: 05/13/2020)

1 Points and Authorities

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2 Affidavit re Notice of Motion for TRO

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3 Affidavit re Existence of Irreparable Injury

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4 Proposed Order

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5 Proposed Order

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May 13, 2020

May 13, 2020

PACER
9

MINUTE ORDER (TEXT ENTRY ONLY): Plaintiffs have noticed a motion for temporary restraining order for 5/19/2020, seeking injunctive relief against the Fresno County Sheriff only regarding the Sheriff's policy of requiring registered sex offenders to present themselves in person for periodic updates regardless of the offender's susceptibility to illness in light of the current public health crisis. 8 Given the timing of the harms asserted in the motion, the court does not believe it is necessary to hear and decide the motion by May 19, 2020. Accordingly, the County shall have until noon on May 20, 2020 to file a written response to the motion. Upon review of that filing, the court will determine whether a reply will be authorized and/or whether a hearing will be necessary. In lieu of an opposition, and in light of the fact that at least some of the concerns raised by at least one of the Plaintiffs have been addressed by waiving in person presentment, the parties are strongly encouraged to meet and confer in an effort to reach accord on the emergent issues raised in the motion. In light of the fact that no defendant has made an appearance in this case, Plaintiffs are instructed to serve a copy of this minute order on the County by hand delivery today or overnight delivery (to arrive Monday morning). Plaintiffs' counsel also shall email a copy to the Deputy County Counsel who has held himself out as representing the County on this matter and shall place a courtesy phone call to that individual informing him of this minute order signed by District Judge Dale A. Drozd on May 15, 2020. (Munoz, I) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
10

OPPOSITION by Margaret Mims to 8 Motion for TRO,. Attorney Hawkins, Scott Charles added. (Attachments: # 1 Declaration, # 2 Notice)(Hawkins, Scott) (Entered: 05/20/2020)

1 Declaration

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2 Notice

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May 20, 2020

May 20, 2020

PACER
11

ORDER DENYING 8 Motion for TRO, signed by District Judge Dale A. Drozd on 5/27/2020. (Rivera, O) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

RECAP
12

ANSWER by Margaret Mims.(Hawkins, Scott) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
13

MINUTE ORDER: The court had set a mandatory telephonic scheduling conference for September 17, 10:30 A.M., and required that the parties submit a joint scheduling report one week before the conference. See ECF No. 4 . The court has not received the required report. By the close of business on September 15, 2020, the parties shall notify the court whether they intend to proceed with this case. If so, they shall submit the joint scheduling report no later than the close of business on September 16, 2020. Minute order signed by Magistrate Judge Jeremy D. Peterson on 9/14/2020. (Dunbar-Kari, K) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
14

STIPULATION to dismiss entire action with prejudice by John Doe #1, John Doe #2, John Doe #3. (Bellucci, Janice) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
15

STIPULATION (Amended) to Dismiss Entire Action with Prejudice by John Doe #1, John Doe #2, John Doe #3. (Bellucci, Janice) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
16

ORDER DIRECTING the Clerk's Office to Close the Case, signed by Magistrate Judge Jeremy D. Peterson on 9/15/2020. CASE CLOSED. (Rivera, O) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

RECAP

Case Details

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 28, 2020

Closing Date: Sept. 14, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three individuals seeking suspension to in-person registration for sex offenders in light of COVID-19.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fresno County Sheriff (Fresno), County

Fresno Police Department (Fresno), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Sex offender regulation

COVID-19:

Mitigation Denied

Mitigation Granted