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DOE v. VIRGINIA DEPT. OF STATE POLICE

No. 11-1841.

713 F.3d 745 (2013)

Jane DOE, Plaintiff-Appellant, v. VIRGINIA DEPARTMENT OF STATE POLICE; W. Steven Flaherty, Colonel, in his official capacity as Superintendent of the Virginia Department of State Police; Spotsylvania County School Board; J. Gilbert Seaux, in his official capacity as the Chairman of the School Board of the Spotsylvania County Schools, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: April 12, 2013.

Attorney(s) appearing for the Case

ARGUED: Marvin David Miller , Alexandria, Virginia, for Appellant. Charles Antony Quagliato , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Kenneth T. Cuccinelli, II , Attorney General of Virginia, Richmond, Virginia, for Appellees Virginia Department of State Police and W. Steven Flaherty; Jennifer Lee Parrish , Parrish, Houck & Snead, PLC, Fredericksburg, Virginia, for Appellees Spotsylvania County School Board and J. Gilbert Seaux.

Affirmed by published opinion. Judge DUNCAN wrote the majority opinion, in which Judge KEENAN joined. Judge KEENAN wrote a separate concurring opinion. Judge KING wrote a dissenting opinion.

OPINION

DUNCAN, Circuit Judge:

Jane Doe brought a challenge to Va. Code sections 9.1-900 et seq. and 18.2-370.5, which, together, classify her as a sexually violent offender and prevent her from entering the grounds of a school or daycare without first gaining permission from a Virginia circuit court and the school board or the owner of the daycare. She also challenged the policy of the Spotsylvania County School Board (the "Board"), which she alleges...

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