Litmon v. Harris, No. 12-15261 (9th Cir. 2014)Annotate this Case
Plaintiff was adjudicated a sexually violent predator under California Welfare and Institutions Code 6600(a)(1) and has been reporting to his local police station every 90 days to fill out a registration form pursuant to the requirements of California Penal Code 290.012(b). At issue on appeal is the constitutionality of section 290.012(b). The court concluded that the district court properly dismissed plaintiff's claim that the registration requirement violates the fundamental right to be free from physical restraint by requiring sexually violent predators to appear in person every 90 days to register. Applying rational basis review, the court concluded that the registration requirement is rationally related to California's interest in deterring recidivism and promoting public safety. The district court properly dismissed plaintiff's claim that the registration requirement violates the Ex Post Facto Clause; plaintiff's equal protection challenge failed because neither mentally disordered offenders nor mentally disordered sex offenders are similarly situated to sexually violent predators; plaintiff waived his claim that section 290.012(b) is unconstitutionally vague; and plaintiff failed to state a claim under California's Administrative Procedure Act, Cal. Gov't Code 11340 et seq. Accordingly, the court affirmed the judgment of the district court dismissing plaintiff's claims under 42 U.S.C. 1983.