Russell

Russell v. Gregoire

Caution
124 F.3d 1079·97 Daily Journal DAR 11517·1997 WL 539074·1997 U.S. App. LEXIS 23074·97 Cal. Daily Op. Serv. 7137
United States Court of Appeals for the Ninth CircuitSeptember 4, 1997No. 96-35398California8,464 words

Opinion

Lead Opinion

Scannlain, J.

We must decide whether a Washington statute of the kind popularly referred to as “Megan’s law” violates the Constitution.

I

Willie Russell and Johnny Stearns are both convicted sex offenders who have been released from confinement and are now residing in Washington State. Russell was convicted in Washington in 1989 of second degree rape and attempted second degree rape; Stearns was convicted in Washington in 1989 of first degree robbery and attempted second degree rape. Both were imprisoned. In 1990, the Washington legislature passed the Community Protection Act, 1990 Wash. Laws, ch. 3 (“the Act”) which included provisions requiring sex offenders to register with local law enforcement authorities and subjecting some offenders to community notification of conviction information including the offender’s photograph and approximate residential location.

*1082 After their releases, both Russell and Stearns registered as required. Each learned that he would be subject to community notification under the Act. In early 1996, each filed civil rights actions under 42 U.S.C. § 1983 against various state officials, including Washington Attorney General Christine Gregoire, claiming that…

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