DOE v. PATAKI

Nos. 1237, 1238, Docket 96-6249, 96-6269.

120 F.3d 1263 (1997)

John DOE, Richard Roe and Samuel Poe, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. George PATAKI, in his official capacity as Governor of the State of New York; Paul Shechtman, In His Official Capacity As Commissioner Of The New York State Department Of Criminal Justice Services; The New York State Department Of Criminal Justice Services; Brion Travis, In His Official Capacity As Chairman Of The New York State Board Of Parole; The New York State Division Of Parole; George Sanchez, In His Official Capacity As Commissioner Of The New York State Division Of Probation; The New York State Division Of Probation; Elizabeth M. Devane, In Her Official Capacity As Chairperson Of The New York State Board Of Examiners Of Sex Offenders; The New York State Board Of Examiners Of Sex Offenders, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 22, 1997.

Order Amending Decision on Denial of Reconsideration September 25, 1997.


Attorney(s) appearing for the Case

Christine E. Morrison, Asst. Atty. Gen., New York City (Dennis C. Vacco, N.Y. State Atty. Gen., Thomas D. Hughes, Asst. Solicitor Gen., Andrea Oser, Asst. Atty. Gen., New York City, on the brief), for Defendants-Appellants-Cross-Appellees.

Thomas M. O'Brien, New York City (Susan L. Hendricks, Laura R. Johnson, The Legal Aid Society, New York City; Norman Siegel, Christopher Dunn, N.Y. Civil Liberties Union Foundation, New York City, on the brief), for Plaintiffs-Appellees-Cross-Appellants.

(Daniel S. Alter, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., Gideon A. Schor, Asst. U.S. Atty., New York City, on the brief), for amicus curiae United States of America).

(Eliot L. Spitzer, Constantine & Partners, New York City; Dennis F. Saffran, New York City; Barry M. Benjamin, New York City, submitted a brief for amici curiae American Alliance for Rights and Responsibilities, Protecting Our Children, Justice for All, Parents of Murdered Children of New York State, and Take Back New York).

(Daniel L. Feldman, Brooklyn, NY, submitted a brief for amicus curiae Daniel L. Feldman, Member of the New York State Assembly).

Before FEINBERG, NEWMAN, and McLAUGHLIN, Circuit Judges.


JON. O. NEWMAN, Circuit Judge.

This appeal concerns the constitutionality of New York's version of "Megan's Law."1 The statute requires sex offenders, after serving their sentences, to register with law enforcement officials, and provides for various degrees of public notification of the identity and address of these offenders. The specific issue is whether the statute inflicts "punishment," in which event the Ex Post Facto Clause would...

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