Murphy v. Rychlowski

Federal 7th Circuit Court
Civil Court
Due Process
Citation
Case Number: 
No. 16-1662
Decision Date: 
August 18, 2017
Federal District: 
W.D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendants’ motion for summary judgment in plaintiff’s section 1983 action alleging that defendants’ placement of him on Wisc. registry for sexual offenders based on his California conviction that required his lifetime registry as sex offender as long as he lived in California denied him due process because he did not receive prior notice or opportunity to be heard on issue. Under Connecticut Dept. of Public Safety, 538 US 1, plaintiff was not entitled to any due process prior to being placed on Wisc. registry, where: (1) plaintiff’s registration status in California was dependent upon his conviction in that state; and (2) plaintiff’s California registration status was obtained pursuant to procedurally safe-guarded criminal proceeding. Moreover, plaintiff’s self-initiated and informal exchange between his attorney and Wisc. officials that occurred after his placement on registry in attempt to correct any error was sufficient to comport with requirements of due process.