The Etowah County Sheriff’s Office operates a program of unannounced, random and suspicionless compliance investigations of every individual in the county who is subject to the registration requirements of the Alabama Sex Offender Registration and Community Notification Act. Essential to the Sheriff’s Office’s program is that officers search the home of each registrant. Officers must also question the registrant about his or her registration information.
The Sheriff’s Office conducts this program without regard to such factors as whether an individual was convicted as an adult or adjudicated as a juvenile; whether the individual presents a substantial risk of reoffending; whether the individual is on probation or parole; or whether the individual is fully compliant with his or her registration requirements. Under the Sheriff’s Office’s program, officers have unfettered discretion as to how often and when they conduct these unannounced inspections, so long as the officers make personal contact with every registrant at least once per month.
Plaintiff James Doe is an Etowah County resident who, under the Act, is required to register as a juvenile. To do so, he must appear in person at the office of Etowah County Sheriffs’ Office four times per year. Nonetheless, the Sheriff’s Office has conducted at least nine separate inspections at James’ home, where he resides with his parents, Plaintiffs John Doe and Jane Doe. Sheriffs’ Office officers routinely search Plaintiffs’ home without consent during these inspections. Officers also interrogate Plaintiffs about James’ registration information. Defendants have threatened to arrest Plaintiffs if they fail to cooperate.
Plaintiffs brought this action under 42 U.S.C. § 1983 to vindicate their rights under the Fourth and Fourteenth Amendments to the United States Constitution to be free from unreasonable searches and seizures and to not be deprived of liberty without due process of law. Plaintiffs sought a declaratory judgment that their rights have been violated, a permanent injunction against future compliance inspections without suspicion, and damages from the Sheriff and two deputies in their individual capacities to compensate Plaintiffs for their unlawful treatment.
We were able to reach a settlement in which the Sheriff revised his policy to require consent before officers enter a home and making quarterly visits or phone calls to juveniles who are low risk offenders. The defendants also paid attorneys’ fees and costs.
The case is now closed.