43 F.4th 838
8th Cir.2022Background:
- Nebraska's Sex Offender Registration Act requires registration by anyone who must register in another jurisdiction (the "other-jurisdiction" provision) and also for those who committed enumerated offenses in Nebraska or offenses elsewhere that are "substantially equivalent."
- Nebraska exempts juveniles adjudicated delinquent in Nebraska from registration; but Nebraska requires registration of entrants whose out-of-state registration obligation is based on a juvenile adjudication.
- Four plaintiffs (John Does) committed juvenile sex offenses in other states, were required to register there, then moved to Nebraska and were told they must register under the other-jurisdiction provision.
- The Does sued state officials under 42 U.S.C. § 1983, claiming violations of the right to travel (Privileges or Immunities under the Fourteenth Amendment) and equal protection because Nebraska does not impose the same requirement on juveniles adjudicated in Nebraska.
- The district court granted summary judgment for Nebraska; the Eighth Circuit reviewed de novo and affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to travel — does the other-jurisdiction provision violate the Privileges or Immunities right of new residents? | The provision discriminates against new entrants who must register elsewhere and thus burdens interstate travel and residency rights. | The statute does not impose a durational or fixed-point residency distinction; it triggers on an out-of-state registration obligation, not on timing of residency. | No violation; right to travel not implicated because the law is not a durational or fixed-point residency scheme. |
| Equal protection — does the law irrationally treat out-of-state juvenile adjudicates differently than Nebraska juveniles? | The law irrationally forces registration on juvenile adjudicates from other states while exempting Nebraska juveniles. | Nebraska has rational bases: public safety, variation in other states' juvenile/adult charging rules, administrative burdens, and federal registry policy. | Rational-basis review satisfied; statute is rationally related to legitimate public-safety and administrative interests. |
Key Cases Cited
- Saenz v. Roe, 526 U.S. 489 (U.S. 1999) (Privileges or Immunities/constitutional right to travel framework)
- Hope v. Comm'r of Ind. Dep't of Corr., 9 F.4th 513 (7th Cir. 2021) (en banc) (similar "other-jurisdiction" registration upheld against travel claim)
- Connelly v. Steel Valley Sch. Dist., 706 F.3d 209 (3d Cir. 2013) (right to travel not implicated absent durational residency discrimination)
- FCC v. Beach Commc'ns, Inc., 508 U.S. 307 (U.S. 1993) (explaining rational-basis standard)
- Birchansky v. Clabaugh, 955 F.3d 751 (8th Cir. 2020) (application of rational-basis review)
- Weinberger v. Salfi, 422 U.S. 749 (U.S. 1975) (permissible reliance on administrative burdens)
- Dandridge v. Williams, 397 U.S. 471 (U.S. 1970) (legislative "rough accommodations" doctrine)
- Williamson v. Lee Optical of Okla., Inc., 348 U.S. 483 (U.S. 1955) (laws need not be perfectly logical to be constitutional)
- Skaggs v. Neb. State Patrol, 804 N.W.2d 611 (Neb. 2011) (Nebraska statute can apply to lifelong residents who trigger registration by out-of-state obligations)
- State v. Clemens, 915 N.W.2d 550 (Neb. 2018) (Nebraska interpretation that out-of-state juvenile-based registration obligation triggers Nebraska registration)
