Atwell v. Rausch, No. 3:2022cv00438 - Document 36 (E.D. Tenn. 2023)
Court Description: MEMORANDUM OPINION AND ORDER: the Court GRANTS Defendant's "Unopposed Motion to Withdraw Response in Opposition to Plaintiff's Motion for a Preliminary Injunction," [Doc. 35], and "Plaintiff's Mo tion for Preliminary Injunction," [Doc. 7]. Plaintiff MUST be removed from the Tennessee Sex Offender Registry. And the Court ENJOINS Defendant from enforcing the Sex Offender and Violent Sex Offender Registration, Verification and Tracking Act, Tenn. Code Ann. § 40-39-201, et seq., against Plaintiff, effective on the date of this Memorandum Opinion and Order. Signed by District Judge Katherine A Crytzer on May 12, 2023. (AYB)
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Dockets.Justia.com in his official capacity MEMORANDUM OPINION AND ORDER I. BACKGROUND A. History of Tennessee’s Sex Offender Registration Laws i. Tennessee’s Sexual Offender Registration and Monitoring Act of 1994 Atwell v. Rausch Doc. 36 Id. Id. Id. Id. Id. Id. See Doe # 1 v. Lee Id. Id. et seq Id. Id. Id. Id. Id. B. Plaintiff’s Background See See See See State v. Atwell app. denied cert. denied Id. Id. See et seq. See C. Litigation Background Ex Post Facto See see also see also see also See Does # 1-5 v. Snyder Id. Id. II. DEFENDANT’S UNOPPOSED MOTION TO WITHDRAW RESPONSE IN OPPOSITION See GRANTS III. PLAINTIFF’S UNOPPOSED MOTION FOR PRELIMINARY INJUNCTION Winter v. Nat. Res. Def. Council, Inc. A. Standing See Warth v. Seldin See United States v. Denkins See Cutshall v. Sundquist See Jones v. Coleman B. Plaintiff has Demonstrated a Likelihood of Success on the Merits. Union Home Mortg. Corp. v. Cromer City of Pontiac Retired Emps. Ass’n v. Schimmel Dahl v. Bd. of Tr. of W. Mich. Lynce v. Mathis Id. Calder v. Bull see also Smith v. Doe Smith United States v. Ward Doe v. Bredesen Snyder Smith Does #1-5 v. Snyder See Snyder Snyder See Reid v. Lee see also Doe v. Rausch Snyder Snyder See Bredesen Id. Snyder See Craig v. Lee Doe #11 v. Lee ex post facto Snyder Reid C. The Other Preliminary Injunction Factors Do Not Counsel Against an Injunction. Bonnell v. Lorenzo Am. Civil Liberties Union Fund of Mich. v. Livingston Cnty. Obama for Am. v. Husted Chabad of S. Ohio & Congregation Lubavitch v. City of Cincinnati Snyder IV. . CONCLUSION GRANTS “ MUST ENJOINS et seq Order. effective on the date of this Memorandum Opinion and
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