Doe v. Virginia Dept. of State Police, No. 11-1841 (4th Cir. 2013)Annotate this Case
Plaintiff was convicted in 1993 of carnal knowledge of a minor without the use of force. In this appeal, plaintiff challenged Va. Code sections 9.1-900 et seq. and 18.2-370.5, which, together, classified her as a sexually violent offender and prevented her from entering the grounds of a school or daycare without first gaining permission from the Virginia circuit court and the school board or the owner of the daycare. Unless plaintiff gains such permission, she is not able to meet with her stepson's teachers at school, attend his school functions, or drop him off at or pick him up from school. Plaintiff's complaint included four counts: she alleged that defendants have violated her substantive due process, procedural due process, associational, and free exercise rights. The injuries she alleged with respect to the first, third, and fourth counts stemmed from impediments the Virginia statute and the school board policy placed on her ability to access school and church property. The court held that because she had not yet attempted to undertake the requisite steps to access these properties, she could not demonstrate that these claims were justiciable. While plaintiff's second count was justiciable, she failed to state a procedural due process claim upon which relief could be granted. Accordingly, the court affirmed the district court's dismissal of her claims.