United States Eleventh Circuit

Following the rejection of plaintiff's application for weatherization assistance, summary judgment in favor of defendant-county is affirmed where: 1) 42 U.S.C. sections 6861(b) and 6863(a) did not create a federal right enforceable under 42 U.S.C. section 1983; 2) plaintiff's Equal Protection claim had no merit; 3) the district court correctly determined that the county's Weatherization Assistance Program Policy neither determined guilt nor inflicted punishment on plaintiff and was therefore not a bill of attainder; and 4) the underlying sex offender registration statute was not punitive, but rather regulatory, and therefore did not violate the ex post facto clause.

Appellate Information

• Decided 11/05/2008
• Published 11/05/2008

Judges

Court

• United States Eleventh Circuit

Counsel