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AMERICAN CIVIL LIBERTIES UNION OF NEVADA v. MASTO

Nos. 08-17471, 09-16008.

670 F.3d 1046 (2012)

The AMERICAN CIVIL LIBERTIES UNION OF NEVADA; Does 1-8, and Does A-S, Plaintiffs-Appellees, v. Catherine Cortez MASTO, Esquire, Attorney General of the State of Nevada; Gerald Hafen, Director of the Nevada Department of Public Safety; Bernard W. Curtis, Chief, Parole and Probation Division of the Nevada Department of Public Safety; Captain P.K. O'Neill, Chief, Records and Technology Division of the Nevada Department of Public Safety, Defendants-Appellants, and Michael Haley, Sheriff of the Washoe County Sheriff's Office; Michael Poehlman, Chief of the Reno Police Department; Richard Gammick, District Attorney of Washoe County; Douglas Gillespie, Sheriff of the Las Vegas Metropolitan Police Department; Joseph Forti, Chief of the North Las Vegas Police Department; David Roger, District Attorney of Clark County; Richard Perkins, Chief, Henderson Police Department, Defendants. The American Civil Liberties Union of Nevada; Does 1-8, and Does A-S, Plaintiffs-Appellees, v. Catherine Cortez Masto, Esquire, Attorney General of the State of Nevada; Gerald Hafen, Director of the Nevada Department of Public Safety; Bernard W. Curtis, Chief, Parole and Probation Division of the Nevada Department of Public Safety; Captain P.K. O'Neill, Chief, Records and Technology Division of the Nevada Department of Public Safety, Defendants-Appellants, and Michael Haley, Sheriff of the Washoe County Sheriff's Office; Michael Poehlman, Chief of the Reno Police Department; Richard Gammick, District Attorney of Washoe County; Douglas Gillespie, Sheriff of the Las Vegas Metropolitan Police Department; Joseph Forti, Chief of the North Las Vegas Police Department; David Roger, District Attorney of Clark County; Richard Perkins, Chief, Henderson Police Department, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2012.

Attorney(s) appearing for the Case

Margaret A. McLetchie , ACLU of Nevada, and Robert Langford , Langford & Associates, Las Vegas, NV, for the plaintiffs-appellees.

Binu G. Palal , Nevada Attorney General's Office, Las Vegas, NV, for the defendants-appellants.

Before: STEPHEN S. TROTT and CARLOS T. BEA, Circuit Judges, and WILLIAM H. STAFFORD, Senior District Judge.

OPINION

TROTT, Circuit Judge:

The State of Nevada appeals the district court's permanent injunction prohibiting the retroactive application of two Nevada laws: Assembly Bill 579, expanding the scope of sex offender registration and notification requirements, and Senate Bill 471, imposing, inter alia, residency and movement restrictions on certain sex offenders. The district court permanently enjoined retroactive...

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