The American Civil Liberties Union, et al v. Masto, et al, No. 08-17471 (9th Cir. 2012)
Annotate this CaseThe State of Nevada appealed the district court's permanent injunction prohibiting the retroactive application of two Nevada laws: Assembly Bill 579, expanding the scope of sex offender registration and notification requirements, and Senate Bill 471, imposing, inter alia, residency and movement restrictions on certain sex offenders. The district court permanently enjoined retroactive application of both bills. With respect to Assembly Bill 579, the court held that its retroactive application was constitutionally sound and reversed the judgment of the district court. With respect to Senate Bill 471, the court concluded that its consideration of its disputed provisions was mooted by the State's authoritative judicial admission that - regardless of the existence of the injunction - the State would not retroactively impose residency and movement restrictions. Because the State's concession mooted its own appeal, the court remanded to the district court to consider vacating its order as to Senate Bill 471 in favor of a binding consent decree. Finally, the court affirmed the district court's order denying a stay on payment of attorney's fees.
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