The Sex Offender Registration Act makes no distinction between the danger posed by those required to register. All individuals required to register are lumped into a single undifferentiated class without regard to seriousness of offense, type of victim or presence of violence. All individuals required to register, including Plaintiffs John Doe and Robert Roe, will appear on the list posted on the Internet. No procedure or hearing of any kind is incorporated in the Sex Offender Registration Act to insure accuracy of registration information, to allow those individuals who pose no danger to the community to be removed from the list, to assess the danger posed by a proposed registrant or to provide a means for appeal from erroneous or unwarranted inclusion of a person's name or address on the list. I Violation of Due Process 38.
Plaintiffs incorporate the previous paragraphs as if fully stated herein.
Defendants by their actions and anticipated future action have violated Plaintiffs' rights to procedural and substantive due process as guaranteed by the Fourteenth Amendment to the United States Constitution. Plaintiffs' constitutionally protected liberty interests are violated by Defendants' actions which unfairly stigmatize their reputations and subject them to public denigration and potential acts of violence. Plaintiffs' constitutionally protected interests in property are violated by Defendants' acts in so far as the posting unfairly reduces property value, and the ability of Plaintiffs to maintain and secure housing. Further, Plaintiffs' constitutionally protected liberty interests in employment and education are violated by Defendants' actions. The inclusion of these Plaintiffs' addresses and names in the Sex Offender Registry is not supported by a rational basis and amounts to arbitrary and capricious government action which shocks the conscience.