United States Sixth Circuit

In a putative class action brought by "youthful trainees" challenging the constitutionality of certain provisions of Michigan's Sex Offender Registration Act (SORA), summary judgment for the state is affirmed where: 1) plaintiffs' substantive due process claims failed under a rational basis review, as the right plaintiffs asserted was not a fundamental right deeply rooted in the nation's history, although it was a close question; 2) although the district court erred in applying the stigma-plus test to plaintiffs' substantive due process claims, the error was harmless; 3) an equal protection challenged failed under rational basis review; and 4) there was no error as to the development of the record.

Appellate Information

• Decided 07/18/2007
• Published 07/18/2007

Judges

• Before:  COLE, CLAY, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Douglas R. Mullkoff, Kessler, Mullkoff & Hooberman, Ann Arbor, Michigan, for Appellant.  Margaret A. Nelson, Michigan Department of Attorney General, Lansing, Michigan, for Appellees.   ON BRIEF:  Douglas R. Mullkoff, Kessler, Mullkoff & Hooberman, Ann Arbor, Michigan, Elisha V. Fink, Fink Law PLLC, Dexter, Michigan, for Appellant.  Margaret A. Nelson, Michigan Department of Attorney General, Lansing, Michigan, for Appellees.  Miriam Aukerman, Michael J. Steinberg, Kary L. Moss, ACLU Fund of Michigan, Detroit, Michigan, for Amicus Curiae.