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Case Name Doe #1 v. Hall CJ-CA-0026
Docket / Court 1:20-cv-00600 ( E.D. Cal. )
State/Territory California
Case Type(s) Criminal Justice (Other)
Special Collection COVID-19 (novel coronavirus)
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 ... read more >
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 entire action with prejudice and Judge Peterson issued an order closing the case.

Averyn Lee - 05/11/2020
Averyn Lee - 09/22/2020
Chandler Hart-McGonigle - 11/15/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Due Process: Substantive Due Process
Content of Injunction
Preliminary relief denied
COVID-19
Mitigation Denied
Mitigation Requested
Defendant-type
Law-enforcement
General
Sex offender regulation
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Fresno County Sheriff
Fresno Police Department
Plaintiff Description Three individuals seeking suspension to in-person registration for sex offenders in light of COVID-19.
Class action status sought No
Class action status granted Not sought
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Filed 04/28/2020
Case Closing Year 2020
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
E.D. Cal.
09/18/2020
1:20-cv-600
CJ-CA-0026-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D. Cal.
04/28/2020
Complaint [ECF# 1, 1-1, 1-2]
CJ-CA-0026-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Cal.
05/04/2020
Complaint for Declaratory and Injunctive Relief [ECF# 5, 5-1]
CJ-CA-0026-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Cal.
05/13/2020
Plaintiffs' Motion for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction [ECF# 8, 8-1, 8-2, 8-3, 8-4, 8-5]
CJ-CA-0026-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Cal.
05/20/2020
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 [ECF# 10 (& 10-1 to 10-2)]
CJ-CA-0026-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Cal.
05/27/2020
Order Denying Motion for Temporary Restraining Order [ECF# 11] (2020 WL 2745718)
CJ-CA-0026-0005.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Drozd, Dale Alan (E.D. Cal.) show/hide docs
CJ-CA-0026-0005
Peterson, Jeremy D Court not on record [Magistrate] show/hide docs
CJ-CA-0026-9000
Plaintiff's Lawyers Bellucci, Janice Madelyn (California) show/hide docs
CJ-CA-0026-0001 | CJ-CA-0026-0002 | CJ-CA-0026-0003 | CJ-CA-0026-9000
Defendant's Lawyers Cederborg, Daniel C. (California) show/hide docs
CJ-CA-0026-0004
Hawkins, Scott Charles (California) show/hide docs
CJ-CA-0026-0004 | CJ-CA-0026-9000

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