United States Third Circuit

In a 42 U.S.C. section 1983 suit brought by an anonymous plaintiff seeking declaratory and injunctive relief from aspects of Pennsylvania's Registration of Sexual Offenders Act, or Megan's Law, a judgment finding that the treatment of out-of-state offenders under the law violates the Equal Protection Clause is affirmed where: 1) although Pennsylvania's interest in protecting its citizens from sexually violent predators was compelling; nevertheless, 2) subjecting out-of state sex offenders to community notification without providing equivalent procedural safeguards as given to in-state sex offenders was not rationally related to that goal.

Appellate Information

• Argued 10/04/2006
• Decided 01/23/2008
• Published 01/23/2008

Judges

• Before:  McKEE, AMBRO, and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Sue A. Unger, Esq., (Argued), Office of the Attorney General of Pennsylvania, Philadelphia, PA, Counsel for Appellants.


• For Appellees:
  
• Witold J. Walczak, Esq., (Argued), American Civil Liberties Union, Pittsburgh, PA, John J. Kerrigan, Jr., Esq., The Lofts at Oxford Valley, Langhorne, PA, Counsel for Appellee.