United States Fourth Circuit

In challenge to Virginia statutes, which, together classify plaintiff as a sexually violent offender and prevent her from entering the grounds of a school or daycare without first gaining permission from a Virginia circuit court and the school board or the owner of the daycare, the district court's dismissal of plaintiff's complaint is affirmed, where: 1) because plaintiff has not yet attempted to undertake the requisite steps to access these properties, she cannot demonstrate that these claims are justiciable at this juncture; and 2) although her claim that defendant violated her right to procedural due process under the Fourteenth Amendment by reclassifying her as a sexually violent offender and making her reclassification publicly available in the Registry without affording her a procedure by which to challenge these actions is justiciable, plaintiff fails to state a procedural due process claim upon which relief may be granted.

Appellate Information

• Decided 04/12/2013
• Published 04/12/2013

Judges

• DUNCAN

Court

• United States Fourth Circuit

Counsel