Stradford v. Sec’y Pa. Dep’t of Corr., 2022 U.S. App. LEXIS 31021 (November 9, 2022) (Porter, C.J.) Class representatives Lacey Stradford, William Nettles, Jesse Stroud, William Scott, and Richard Richardson (“Appellees”), all convicted sex offenders, allege the Pennsylvania Department of Corrections (“DOC”) enforces a policy that unconstitutionally discriminates against sex offenders. The policy requires DOC to consider, among other things, “community sensitivity” when it evaluates parolees for halfway house placement. The District Court entered summary judgment for Appellees, holding that sex offenders and non-sex offenders are similarly situated and consideration of “community sensitivity” when making halfway house assignments is irrational. But not all crimes are alike. The differences among sex crimes, and between sex crimes and non-sex crimes, preclude the purported similarity between sex offenders and non-sex offenders in this case. A discretionary grant of parole cannot erase those differences. In any event, DOC’s halfway house policy considering “community sensitivity,” among many other factors, is rationally related to more than one legitimate government interest. So we will reverse and remand for entry of summary judgment for the DOC.
CONSTITUTIONAL LAW-EQUAL PROTECTION-CONVICTED SEX OFFENDERS
December 6th, 2022 by Rieders Travis in Constitutional Law