WEEMS v. LITTLE ROCK POLICE DEPT.

No. 05-1152.

453 F.3d 1010 (2006)

Donald WEEMS; Michael Briggs, Plaintiffs/Appellants, Tony Allen Lampkin, Plaintiff, v. LITTLE ROCK POLICE DEPARTMENT, Defendant, Lawrence Johnson, In his official capacity as Chief of Police, Little Rock Police Department, Defendant/Appellee, Pine Bluff Police Department, Defendant, Daniel Moses, In his official capacity as Chief of Police, Pine Bluff Police, Defendant/Appellee, Arkansas Department of Correction, Sex Offenders Assessment Committee and Sex Offender Screening and Risk Assessment, Defendant, Larry B. Norris, In his official capacity as Director, Arkansas Department of Correction; Paula Stitz, In her official capacity as Chairperson of the Arkansas Sex Offenders Assessment Committee; G. David Guntharp, In his official capacity as Director of Arkansas Department of Community Correction; Sheri Flynn, In her official capacity as administrator of Sex Offender Screening and Risk Assessment (originally sued as John Doe), Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 13, 2006.


Attorney(s) appearing for the Case

Robert D. Kelly, Fort Smith, AR (Gregory T. Karber, Fort Smith, on the brief), for appellant.

C. Joseph Cordi, Jr., argued, AAG, Little Rock, AR (Nicana C. Sherman, AAG appeared on the brief), for appellee Norris, Stitz, Guntharp and Flynn.

David C. Schoen of Springdale, AR (Nga Ostoja-Starzewski, Thomas M. Carpender, on the brief), for appellee Moses and City of Pine Bluff, Lawrence Johnson.

Before RILEY, HANSEN, and COLLOTON, Circuit Judges.


COLLOTON, Circuit Judge.

Donald Weems and Michael Briggs, registered sex offenders living in Arkansas, brought this action pursuant to 42 U.S.C. § 1983. They challenged provisions of the Arkansas Sex Offender Registration Act that require sex offenders to register with the State as well as a criminal statute that prohibits certain registered sex offenders from living within two thousand feet of a school or daycare center. The district court1...

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