Opinion
13-P-1601
02-17-2016
JOHN DOE, SEX OFFENDER REGISTRY BOARD NO. 24502 v. SEX OFFENDER REGISTRY BOARD.
NOTICE: Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass. App. Ct. 1001 (2009), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
On July 23, 2015, a panel of this court affirmed the Superior Court judgment in this matter. Subsequently, the Supreme Judicial Court denied the plaintiff's petition for further appellate review without prejudice, but remanded the case to this court for reconsideration in light of Doe, Sex Offender Registry Bd. No. 380316 v. Sex Offender Registry Bd., 473 Mass. 297, 314-316 (2015) (Doe No. 380316). Based on Doe No. 380316, and this court's recent decision in Doe, Sex Offender Registry Bd. No. 203108 v. Sex Offender Registry Bd., 89 Mass. App. Ct. 901 (2016), we now vacate the Superior Court judgment affirming the board's designation of the plaintiff as a level three sex offender. We remand the matter to the Superior Court for entry of an order requiring the board to conduct a new evidentiary hearing and to cease disseminating the plaintiff's registry information on the Internet during the pendency of the proceedings.
The board has informed the court that it does not oppose such relief.
So ordered.
By the Court (Grainger, Meade & Milkey, JJ.),
The panelists are listed in order of seniority. --------
/s/
Clerk Entered: February 17, 2016.