United States District Court, D. Hawaii
ORDER GRANTING DEFENDANTS' MOTION FOR JUDGMENT ON
THE PLEADINGS; ORDER DENYING PLAINTIFF'S MOTION FOR
JUDGMENT ON THE PLEADINGS
OKI MOLLWAY UNITED STATES DISTRICT JUDGE.
1983, Plaintiff Willie Trotter was convicted in Minnesota of
Criminal Sexual Conduct in the Third Degree. In 2000, he was
living in Hawaii and was required to register as a sex
offender. Trotter brings this action under 42 U.S.C. §
1983, claiming that his federal due process rights were
violated when he was required to register as a sex offender.
Trotter, who is proceeding pro se, seeks more than
$12 million in damages and an injunction prohibiting the
State of Hawaii and its agencies from requiring him to remain
registered as a sex offender and mandating that his name be
removed from Hawaii's sex offender database.
December 19, 2017, Defendants filed a motion to dismiss.
See ECF No. 23. Trotter did not timely oppose that
motion, but later filed his own Motion for Judgment on the
Pleadings, which the court deems to also be his opposition to
Defendants' motion. See ECF Nos. 26 and 27. The
court grants Defendants' motion without a hearing
pursuant to Local Rule 7.2(d). The court denies Trotter's
1983, Trotter was convicted in Minnesota of Criminal Sexual
Conduct in the Third Degree. Section 609.344 (1982) of
Minnesota Statutes prohibits sexual penetration by force or
coercion. Trotter was sentenced to 32 months imprisonment.
See Complaint, ECF No. 1, PageID # 3 (“In 1983
I was convicted of a sex offense in Minneapolis, Minn
sentence to 32 month I served out my entire
sentence.”); State v. Trotter, 354 N.W.2d 539,
540 (1984) (“Appellant Willie Darrel Trotter was
convicted of . . . criminal sexual conduct in the third
degree . . . in violation of Minn. Stat. § . . .
609.344(c) . . . (1982) . . . . Appellant was sentenced to a
prison term of 32 months.”); see also State v.
Daby, 359 N.W.2d 730, 732-33 (1984) (quoting section
609.344 (1982) of Minnesota Statutes as providing, “A
person is guilty of criminal sexual conduct in the third
degree . . . if he engages in sexual penetration with another
person and . . . (t)he actor uses force or coercion to
accomplish the penetration . . . .”).
violation of Minnesota's section 609.344 requires
“intent to sexually penetrate.” State v.
Wenthe, 865 N.W.2d 293, 302 (Minn. 2015)
(“Generally, criminal sexual conduct offenses require
only an intent to sexually penetrate, unless additional mens
rea requirements are expressly provided.”); see
also 10 Minn. Prac., Jury Instr. Guides-Crim. CRIMJIG
12.21 (6th ed 2017) (Minnesota model criminal jury
instruction for section 609.344 requiring intentional sexual
penetration of victim).
appeal, Minnesota's Court of Appeals determined that
there was sufficient evidence to support Trotter's
conviction. The court said that the jury could have
reasonably concluded that Trotter was guilty because it was
entitled to believe the victim's account of what happened
and there was corroborating physical evidence.
Trotter, 354 N.W.2d at 540-41.
alleges that he is not required to register as a sex offender
in Minnesota. Complaint, ECF No. 1, PageID 3 (“I do not
have to register in the state the offense occur.”); ECF
No. 1-4, PageID # 9 (nongovernmental website describing the
Minnesota Sex Offender Registry as requiring registration of
“sex offenders who are released, sentenced, or
adjudicated delinquent on or after August 1, 1991”).
Trotter's allegation appears consistent with
Minnesota's registration law, which refers only to
offenders released after the date Trotter would have
completed his prison sentence. For example, in the bill
enacting Minnesota's registration law, the Minnesota
legislature expressly provided that its effective date was
“August 1, 1991, and applies to offenders released from
imprisonment on or after that date.” 1991 Minn. ch.
285, § 13a. The Court of Appeals of Minnesota has
therefore stated, “The legislature provided that the
[registration] statute applies to offenders released from
prison August 1, 1991, regardless of the date of the
offense.” State v. Manning, 532 N.W.2d 244,
1997, Trotter was convicted in Hawaii of a drug paraphernalia
offense and sentenced to an open 5-year term of imprisonment.
See Complaint, ECF No. 1, PageID # 3. Trotter says
that, in 2000 when he was paroled, he was forced to register
as a sex offender pursuant to Chapter 846E of Hawaii Revised
846E-2(a) of Hawaii Revised Statutes provides that, whenever
a “covered offender” is a resident or remains in
the state for more than ten days (or for an aggregate period
of more than 30 days in any one year), that “covered
offender shall register with the attorney general and comply
with the provisions of this chapter for life or for a shorter
period of time as provided in this chapter.” In
addition to registering with the attorney general, each
“covered offender” must also register with the
chief of police for the purpose of providing the
“covered offender's” photograph,
fingerprints, and registration information. Haw. Rev. Stat.
846E-2(g). Beginning on June 30, 2009, a “covered
offender” was required to report in person to the chief
of police every year, within a 30-day period following the
“covered offender's” birthday, to review the
existing information in the registry and correct any
information that was inaccurate and to allow for the taking
of a new photograph of the “covered offender.”
Id. Trotter reported to the chief of police in
September 2000. See ECF No. 1-7 (Trotter's Sept.
25, 2000, Sex Offender Registration); ECF No. 1-2 (letter
indicating that Trotter registered with the Honolulu Police
Department on September 25, 2000).
846E defines “covered offender” as a “sex
offender.” Haw. Rev. Stat. § 846E-1. “Sex
offender” is defined as including a “person who
is or has been convicted at any time . . . of a
‘sexual offense.'” Id. (emphasis
added). “Sex offense” covers a number of sex
crimes, including section 707-731(1)(a), which states:
“A person commits the offense of sexual assault in the
second degree if: (a) The person knowingly subjects another
person to an act of sexual penetration by compulsion.”
Id. Chapter 846E also defines “sex
offense” as including “[a] criminal offense that
is comparable to or that exceeds a sexual offense defined in
[section 707-731(1)(a)].” Id. “Sex
offense” also includes out-of-state convictions
“for any offense that under the laws of [Hawaii] would
be a sexual offense, ” including under section
was convicted in Minnesota of intentional sexual penetration
by force or coercion, which is comparable to and would be the
sexual offense described in Hawaii's section
707-731(1)(a)--knowingly subjecting another person to sexual
penetration by compulsion. Trotter is therefore a “sex
offender” or “covered offender” for
purposes of Hawaii's Chapter 846E.
846E-2(a) provides that a “covered offender shall be
eligible to petition the court in a civil proceeding for an
order that the covered offender's registration
requirements under this chapter be terminated, as provided in
section 846E-10.” Trotter says he was labeled as a Tier
3 offender. Id. It appears that this determination
was made pursuant to section 846E-10 of Hawaii Revised
Statutes, which categorizes Tier 3 offenses as including
“[a]ny criminal offense that is comparable to” a
number of listed offenses, including that described in
section 707-731(1)(a). Tier 3 offenders must register for
life, unless the requirement is terminated. Haw. Rev. Stat.
846E-10(a). Tier 3 offenders may not petition a court in a
civil proceeding for termination of the registration
requirements until “forty years after the covered
offender's date of release or sentencing, whichever is
later.” Haw. Rev. Stat. 846E-10(e).
complains that the Hawaii Paroling Authority and the Hawaii
Criminal Justice Center, two official offices for the State
of Hawaii, “did not comply with giving plaintiff due
process hearing before placing plaintiff on the sex offender
registration” in 2000. ECF No. 1, PageID # 2. Trotter
claims that Chapter 846E is inapplicable to out-of-state
convictions and says that he was denied due process when he
was not given a chance to raise this argument in a hearing
before being forced to register as a sex offender in 2000
under Chapter 846E. Id., PageID # 3.
MOTION FOR JUDGMENT ON THE ...