DOE v. QUIRING

No. 22944.

686 N.W.2d 918 (2004)

2004 SD 101

Jane DOE and Others Similarly Situated, Applicant and Appellant, v. Clark QUIRING, in his official capacity as Chief of Police, City of Sioux Falls, and Mike Milstead, in his official capacity as Sheriff, Minnehaha County, Respondents and Appellees.

Supreme Court of South Dakota.

Decided September 1, 2004.


Attorney(s) appearing for the Case

Steve Miller, Dennis C. McFarland, Sioux Falls, South Dakota, Attorneys for applicant and appellant.

Lawrence E. Long, Attorney General, Mark Barnett, Chief Deputy Attorney General, Patricia Archer, Assistant Attorney General, Pierre, South Dakota, Attorneys for Amicus Curiae.

R. Shawn Tornow, Chief Assistant City Attorney, Sioux Falls, South Dakota, Attorney for appellee Quiring.

David R. Nelson, Minnehaha County State's Attorney, Sioux Falls, South Dakota, Attorney for appellee Milstead.


ZINTER, Justice.

[¶ 1.] Jane Doe (Applicant), an incest victim, sought a writ of prohibition to prevent the listing of incest offenders and their offenses on the State's Sex Offender Registry in Minnehaha County. Applicant contended that because the offense of incest involves familial relationships, the listing would violate a statutory prohibition against the release of "identifying information" regarding victims. The trial court

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