John Doe and Jane Doe 1 through 20 et al v. State of Nebraska et al

Case Number: 8:2009cv00456
Filed: December 16, 2009
Court: Nebraska District Court
Office: Constitutional - State Statute Office
0 Judge:
Presiding Judge: Richard G. Kopf
Referring Judge: Cheryl R. Zwart
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Civil Rights Act

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
February 26, 2014 544 Opinion or Order of the Court ORDER granting the Plaintiff's 543 Motion for Release of Funds and the Clerk is directed to refund the $500.00 cash bond that was deposited on January 6, 2009 101 , to the law firm of Dornan, Lustgarten & Troia, PC LLo, 1403 Farnam Street, Suite 232, Omaha, Nebraska 68102. Ordered by Senior Judge Richard G. Kopf. (Copy provided to Financial) (MKR)
July 13, 2012 497 Opinion or Order of the Court ORDER - Filing 485 , the Magistrate Judges recommendation, is adopted. Filing 459 , the Unopposed Motion to Dismiss as to Does 1 and 22, is granted, and, as to these two plaintiffs only, that their claims are dismissed without prejudice. Ordered by Senior Judge Richard G. Kopf. (MKR)
February 27, 2012 441 Opinion or Order of the Court ORDER granting 440 the Unopposed Motion to Dismiss as to Does 8 and A as to these two plaintiffs only, that their claims are dismissed without prejudice. Ordered by Senior Judge Richard G. Kopf. (MKR)
January 10, 2012 422 Opinion or Order of the Court ORDER granting the Unopposed 421 Motion to Dismiss Party as to John Does 15, 29, 30, 32 and 34. These five plaintiff's claims are dismissed without prejudice. Ordered by Senior Judge Richard G. Kopf. (MKR)
March 23, 2010 334 Opinion or Order of the Court ORDER TO SHOW CAUSE that Attorney Todd D. Wilson is to register for the System. Show Cause Deadline set for 4/9/2010.Ordered by Magistrate Judge Cheryl R. Zwart. (Copies mailed (MKR)
March 3, 2010 327 Opinion or Order of the Court MEMORANDUM AND ORDER - The unopposed motion to withdraw filed by former Platte County Attorney, Sandra J. Allen, and acting Platte County Attorney, Carl K. Hart, Jr., as counsel of record for Platte County, Nebraska, (filing no. 323 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
January 21, 2010 309 Opinion or Order of the Court MEMORANDUM AND ORDER - These six cases are consolidated for all purposes including trial and discovery. Counsel and the Clerk are ordered to proceed as follows when filing documents and otherwise processing these cases. John Doe, et al., v. State of Nebraska, et al., Case No. 8:09CV456 (D. Neb. 2009) is hereby designated as the "Lead Case." The other five cases are each designated as a "Member Case". The motions to consolidate (filings No. 82 and 88 in 8:09CV456; filing 11 in 4:09CV3258; filing 2 in 4:09CV3266) are granted as provided herein but otherwise denied. By agreement of the parties, any demand for a jury is withdrawn. The consolidated cases are designated as non-jury cases. By agreement of the parties, al l plaintiffs shall have the benefit of the preliminary injunction previously issued in the "Lead Case." This matter is referred to Judge Zwart for further progression and the issuance of scheduling packet tailored to the needs of the consol idated cases. Each of the defendants is given until February 8, 2010 to answer or further plead. The motion for extension of time (filing 12 in 4:09CV3266) is granted as provided herein and otherwise denied. The motion to intervene and related motion to use fictitious names (filings 70 and 71 in 8:09CV456) are denied without prejudice because no proposed pleading was filed as required by Fed. R. Civ. P. 24(c). The motions to withdraw as attorneys (filings 94 and 304 in 8:09CV456) are granted. The motion to remand (filing 8 in 4:09CV3266) is denied. Ordered by Judge Richard G. Kopf. (GJG)
January 7, 2010 100 Opinion or Order of the Court MEMORANDUM AND ORDER - In 8:09CV456, the State of Nebraska filed a notice advising me that "duplicative actions [have been] filed in State Courts". I herewith request that the courts of the State of Nebraska refrain from issuing any orders enjoining Nebraska's Sex Offender Registration Act and related legislative bills while my cases are pending. I desperately hope to avoid a dispute with the state courts, but if push comes to shove and Nebraska files an appropriate motion, I may step in and enjoin state judges from taking any further action in these matters. IT IS ORDERED that counsel for the State of Nebraska shall provide a copy of this memorandum and order to any state court judge considering whether to enjoin enforcement of the Nebraska Sex Offender Registration Act and LB 97 and LB 285. Ordered by Judge Richard G. Kopf. (JAB)
January 5, 2010 97 Opinion or Order of the Court MEMORANDUM AND ORDER regarding phone calls with Judges Arterburn and Burns. No substantive legal discussions were held between the aforementioned judges and me. I would characterize the calls from these judges as courtesy calls. Ordered by Judge Richard G. Kopf. (JAB)
January 4, 2010 95 Opinion or Order of the Court MEMORANDUM AND ORDER - Counsel for Plaintiffs shall advise any state judge before whom they appear seeking similar relief to the relief sought here that I respectfully request that said judge grant no relief. Counsel shall provide the judge with a co py of this order. In addition to the normal electronic notice, the Clerks office shall call Plaintiffs' counsel and counsel for the State of Nebraska and advise them of this order. If a state court enters an order that conflicts with mine, there is high likelihood that I will take further more direct action to stop any such interference. In a spirit of comity and respect, I hope to avoid such an unseemly dispute by issuing this order. Ordered by Judge Richard G. Kopf. (GJG)
December 30, 2009 92 Opinion or Order of the Court MEMORANDUM AND ORDER - The motion for a preliminary injunction (filing 4 ) is denied except as provided below: Defendants are preliminarily enjoined from enforcing the following statutes against persons who have been convicted of sex offenses but wh o have completed their criminal sentences and who are not on probation, parole, or court-ordered supervision, to wit: (1) Neb. Rev. Stat. § 29-4006(2) (West, Operative January 1, 2010) (requiring consent to search and installation of monitoring hardware and software) and (2) Neb. Rev. Stat. § 28-322.05 (West, Operative January 1, 2010) (making it a crime to use Internet social networking sites accessible by minors by a person required to register under the Sex Offender Registration Act). Within 10 days, Plaintiffs shall post a bond with the Clerk (cash or surety) in the sum of $500. Ordered by Judge Richard G. Kopf. (GJG)
December 22, 2009 50 Opinion or Order of the Court MEMORANDUM AND ORDER - To help the lawyers prepare for the preliminary injunction hearing, Counsel shall be prepared to explain in what manner Nebraska's new laws differ, if at all, from the requirements of the Sex Offender Registration and Noti fication Act (SORNA), 42 U.S.C. §§ 16901- 16991. Counsel for Plaintiffs shall be prepared to represent whether at least some of the plaintiffs who have been convicted of sexual offenses have served their time and are no longer on probation or parole. Ordered by Judge Richard G. Kopf. (GJG)
December 21, 2009 44 Opinion or Order of the Court MEMORANDUM AND ORDER regarding MOTION for Preliminary Injunction 4 filed by John Doe and Jane Doe 1 through 20, John Doe and Jane Doe A through K. To assist counsel as they prepare their arguments for the preliminary injunction hearing, counsel sha ll give extra attention to the "consent to search" requirement for former offenders who are not on probation or parole. In particular, counsel shall read and be familiar with Doe v. Prosecutor, Marian County, 566 F. Supp.2nd 862 (S.D. Ind. 2008) (granting injunction in favor of former offenders that were not on probation or parole; holding that: (1) consent requirement under statute was not voluntary; (2) scope of search provided for by statute was unconstitutional; and (3) special needs exception did not justify warrantless searches under the statute). Ordered by Judge Richard G. Kopf. (JAB)
December 18, 2009 40 Opinion or Order of the Court ORDER. After consultation with counsel, IT IS ORDERED that:(1)Counsel for the plaintiffs shall promptly file a notice specifying the particular sections of the legislative bills that are being attacked, including a specification of where those sectio ns are codified. (2)Counsel for the plaintiffs, Mr. Dornan, has represented that to the best of his knowledge none of the plaintiffs are currently the subject of a criminal prosecution or a probation revocation dispute. Mr. Dornan shall be prepared to confirm this representation on December 23, 2009, at the commencement of the hearing described below. (3)A hearing on a preliminary injunction in this case will commence at 11:00 a.m. on Wednesday, December 23, 2009, recess at noon, start again at 1:00 p.m., and adjourn at 5:00 p.m. that day. Without a lunch break, the hearing will commence again at 8:00 a.m. on December 24, 2009, and conclude at 1:00 p.m. During these two days, each side will be given approximately four hours to present their evidence. Evidence may be presented by affidavit or otherwise. Following the presentation of evidence, each side will be given a total of one hour to make their oral argument, with oral argument commencing at approximately 11:00 a.m. Defenda nts shall confer among themselves and come to an agreement regarding the allocation of evidence and argument time. The defendants may submit one or more responsive briefs at any time between now and the commencement of the hearing on the preliminary injunction. Ordered by Judge Richard G. Kopf. (KLL, )
December 17, 2009 9 Opinion or Order of the Court ORDER. It is ordered that counsel for the plaintiffs shall immediately contact the Attorney General for the State of Nebraska or one of his deputies and then those lawyers shall call my judicial assistant (Kris Leininger at 402-437-1640) today or tomorrow to schedule a telephone conference with me. My judicial assistant is directed to call the plaintiffs' counsel and advise him of this order. Ordered by Judge Richard G. Kopf. (KLL, )

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