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Despite the dismissal of the sexual assault charge, he was forced to register as a sex offender both within prison and later as a condition of parole. We therefore AFFIRM the district court's denial of Officer Montoya's motion to dismiss the procedural due process claim because the Complaint's allegations overcome the qualified immunity defense. Brown's claims against Secretary Williams in his individual capacity, we need not address whether Secretary Williams is protected by absolute legislative immunity.
Section does not authorize liability under a theory of respondeat superior. Officer Montoya and Secretary Williams filed an answer containing an affirmative defense of qualified immunity and moved to dismiss.
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