Legal Opinion

Evenstad v. City of W. St. Paul

District Court, D. Maine

Decided January 25, 2018No. Civil No. 17–4067 (JRT/DTS)PublishedCited by 1 opinion

1Opinion of the CourtJohn R. Tunheim, Chief Judge

Plaintiff Thomas Wayne Evenstad filed a motion for a preliminary injunction in this constitutional challenge against the City of West St. Paul, its mayor, and several Doe defendants (collectively, "the City"). Evenstad argues that a West St. Paul ordinance restricting sex offenders from residing within 1200 feet of schools, day care centers, and group homes (the "Ordinance") violates the Ex Post Facto Clause.1 The City's response that Eighth Circuit precedent forecloses Evenstad's argument is unavailing, because the Ordinance is significantly more restrictive than those upheld by the Eighth…

2Cases cited21 opinions

  1. Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
  2. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  3. Kansas v. HendricksSupreme Court of the United States · 1997
  4. Smith v. DoeSupreme Court of the United States · 2003
  5. Aurelio Duarte v. City of Lewisville, TexasCourt of Appeals for the Fifth Circuit · 2017

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3Cited by1 opinion

  1. The People v. Superintendent, Woodbourne Correctional FacilityNew York Court of Appeals · 2023

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