(Download) "Kirby V. Siegelman" by Eleventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Kirby V. Siegelman
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 17, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
These cases, consolidated for appeal, involve challenges to Alabama's Community Notification Statute ("the Act"), Ala.Code § 15-20-20. Appellant Jeffery Powell Kirby appeals the district court's dismissal of his claims that the Act violates the Ex Post Facto and Double Jeopardy Clauses of the United States Constitution. The district court dismissed the complaint for failure to state a claim upon which relief may be granted because it determined that Kirby's claim was not ripe. Appellant Edmond appeals the district court's grant of summary judgment as to his claims that Defendant Alabama Department of Corrections and its employees violated his constitutional rights by classifying him as a sex offender although he has never been convicted of a sex offense. The district court granted summary judgment because it determined that Edmond did not establish an equal protection claim or a due process violation. Further, the district court determined that Edmond's challenge to the Community Notification Statute was not ripe. For the reasons set forth below, we affirm the district court as to Kirby because his claim is not ripe. We reverse the district court as to Edmond's due process claim because we find that Edmond's classification as a sex offender implicates a liberty interest under the Due Process Clause. We remand the case to the district court because the record is inadequate for us to determine whether he received adequate notice and hearing to satisfy due process requirements. We affirm the district court as to Edmond's remaining claims.
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