DOE v. COOPER

No. 16-6026, No. 16-1596.

842 F.3d 833 (2016)

John DOE #1; John Doe #2; John Doe #3; John Doe #4; John Doe #5, Plaintiffs-Appellees, v. Roy A. COOPER, III, Attorney General of the State of North Carolina; Frank Parrish, District Attorney, District 01; Seth Edwards, District Attorney, District 02; Kimberly Robb, District Attorney, District 03A; Scott Thomas, District Attorney, District 03B; Ernie Lee, District Attorney, District 04; Ben David, District Attorney, District 05; Melissa Pelfrey, District Attorney, District 06A; Valerie Asbell, District Attorney, District 06B; Robert Evans, District Attorney, District 07; Branson Vickory, District Attorney, District 08; Sam Currin, District Attorney, District 09; Wallace Bradsher, District Attorney, District 09A; Colon Willoughby, Jr., District Attorney, District 10; Vernon Stewart, District Attorney, District 11A; Susan Doyle, District Attorney, District 11B; Billy West, District Attorney, District 12; Jon David, District Attorney, District 13; Leon Stanback, District Attorney, District 14; Pat Nadolski, District Attorney, District 15A; James Woodall, Jr., District Attorney, District 15B; Kristy Newton, District Attorney, District 16A; Johnson Britt, III, District Attorney, District 16B; Phil Berger, Jr., District Attorney, District 17A; Ricky Bowman, District Attorney, District 17B; Doug Henderson, District Attorney, District 18; Roxann Vaneekhoven, District Attorney, District 19a; Garland Yates, District Attorney, District 19B; Brandy Cook, District Attorney, District 19C; Maureen Krueger, District Attorney, District 19D; Reece Saunders, District Attorney, District 20A; Trey Robison, District Attorney, District 20B; Jim O'Neill, District Attorney, District 21; Sarah Kirkman, District Attorney, District 22A; Garry Frank, District Attorney, District 22B; Tom Horner, District Attorney, District 23; Jerry Wilson, District Attorney, District 24; Jay Gaither, District Attorney, District 25; Andrew Murray, District Attorney, District 26; Locke Bell, District Attorney, District 27A; Rick Shaffer, District Attorney, District 27B; Ronald Moore, District Attorney, District 28; Brad Greenway, District Attorney, District 29A; Gregory A. Newman, District Attorney, District 29B; Michael Bonfoey, District Attorney, District 30, Defendants-Appellants, and Pat McCrory, Governor of the State of North Carolina, Defendant. John Doe #1; John Doe #2; John Doe #3; John Doe #4; John Doe #5, Plaintiffs-Appellees, v. Roy A. Cooper, III, Attorney General of the State of North Carolina; Frank Parrish, District Attorney, District 01; Seth Edwards, District Attorney, District 02; Kimberly Robb, District Attorney, District 03A; Scott Thomas, District Attorney, District 03B; Ernie Lee, District Attorney, District 04; Ben David, District Attorney, District 05; Melissa Pelfrey, District Attorney, District 06a; Valerie Asbell, District Attorney, District 06B; Robert Evans, District Attorney, District 07; Branson Vickory, District Attorney, District 08; Sam Currin, District Attorney, District 09; Wallace Bradsher, District Attorney, District 09A; Colon Willoughby, Jr., District Attorney, District 10; Vernon Stewart, District Attorney, District 11a; Susan Doyle, District Attorney, District 11B; Billy West, District Attorney, District 12; Jon David, District Attorney, District 13; Leon Stanback, District Attorney, District 14; Pat Nadolski, District Attorney, District 15A; James Woodall, Jr., District Attorney, District 15B; Kristy Newton, District Attorney, District 16A; Johnson Britt, III, District Attorney, District 16B; Phil Berger, Jr., District Attorney, District 17A; Ricky Bowman, District Attorney, District 17B; Doug Henderson, District Attorney, District 18; Roxann Vaneekhoven, District Attorney, District 19a; Garland Yates, District Attorney, District 19B; Brandy Cook, District Attorney, District 19C; Maureen Krueger, District Attorney, District 19D; Reece Saunders, District Attorney, District 20A; Trey Robison, District Attorney, District 20B; Jim O'Neill, District Attorney, District 21; Sarah Kirkman, District Attorney, District 22A; Garry Frank, District Attorney, District 22B; Tom Horner, District Attorney, District 23; Jerry Wilson, District Attorney, District 24; Jay Gaither, District Attorney, District 25; Andrew Murray, District Attorney, District 26; Locke Bell, District Attorney, District 27a; Rick Shaffer, District Attorney, District 27b; Ronald Moore, District Attorney, District 28; Brad Greenway, District Attorney, District 29A; Gregory A. Newman, District Attorney, District 29B; Michael Bonfoey, District Attorney, District 30, Defendants-Appellants, and Pat McCrory, Governor of the State of North Carolina, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: November 30, 2016.


Attorney(s) appearing for the Case

ARGUED: Matthew L. Boyatt , North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. Paul Moore Dubbeling , P.M. Dubbeling PLLC, Chapel Hill, North Carolina, for Appellees. ON BRIEF: Roy Cooper , North Carolina Attorney General, Hal F. Askins , Special Deputy Attorney General, William P. Hart, Jr. , Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants.

Affirmed by published opinion. Judge Agee wrote the opinion, in which Judge Motz and Judge Traxler joined.


The State of North Carolina requires persons convicted of certain reportable sex offenses to register as "sex offenders." See N.C. Gen. Stat. § 14-208.6(4); id. § 14-208.7(a). For persons convicted of a subset of those reportable sex offenses, North Carolina restricts their...

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