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MILLARD v. CAMPER

No. 17-1333.

971 F.3d 1174 (2020)

David MILLARD; Eugene Knight; Arturo Vega, Plaintiffs-Appellees, v. John CAMPER, in his official capacity as Director of the Colorado Bureau of Investigation, Defendant-Appellant. Mike Hunter, Attorney General of the State of Oklahoma; Derek Schmidt, Attorney General of the State of Kansas; Hector H. Balderas, Attorney General of the State of New Mexico; Sean Reyes, Attorney General of the State of Utah; Peter K. Michael, Attorney General of the State of Wyoming; 17 Scholars Who Study Sex Offenses; National Association For Rational Sexual Offense Laws, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 20, 2020.

Attorney(s) appearing for the Case

Melanie J. Snyder , Chief Deputy Attorney General of Colorado ( Frederick R. Yarger , Solicitor General of Colorado; Chris W. Alber , Senior Assistant Attorney General of Colorado; James X. Quinn , First Assistant Attorney General of Colorado; Robert C. Huss , Assistant Attorney General of Colorado; Russell D. Johnson , Assistant Solicitor General of Colorado, with her on the briefs), for Petitioner-Appellant.

Ty Gee , Haddon, Morgan and Foreman P.C., Denver, Colorado ( Adam Mueller , Haddon, Morgan and Foreman P.C., Denver, CO; Alison Ruttenberg , Boulder, CO; Mark Silverstein , American Civil Liberties Union of Colorado; Denver, CO, Sara R. Neel , American Civil Liberties Union of Colorado, Fredericksburg, TX, with him on the brief), for Respondent-Appellee.

Before HARTZ, SEYMOUR, and EID, Circuit Judges.

Plaintiff-Appellees David Millard, Eugene Knight, and Arturo Vega challenge the constitutionality of Colorado's Sex Offender Registration Act (CSORA). The district court held CSORA was unconstitutional as applied to the Appellees1 because the statute inflicted cruel and unusual punishment and violated...

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