Nelson v. Town of Paris

Dist. Ct. erred in granting defendant-Town’s motion for summary judgment in section 1983 action, alleging that Town’s ordinance, which precluded certain convicted sex offenders from living within 6,500 feet from each other, violated Ex Post Facto Clause of Constitution, where, according to plaintiff, said ordinance had effect of retroactively increasing punishment for his sex offense conviction. Ct. of Appeals held that plaintiff was entitled to evidentiary hearing with respect to said provision, where: (1) instant provision effectively established form of banishment for convicted sex offenders, where ordinance effectively established ceiling beyond which no convicted sex offender could reside in Town; and (2) defendant failed to establish that said provision is reasonably related to goal of protecting Town’s children, especially where other provision in ordinance precluded convicted sex offenders of residing within 6,500 feet of “protected locations” associated with places where children congregate. Dist. Ct., though, did not err in granting defendant’s summary judgment motion with respect to plaintiff’s claim that ordinance violated his substantive due process rights or Ex Post Fact Clause with respect to provision that precluded plaintiff from living within 6,500 feet from protected location.