State of Missouri v. Michael L. Johnson (Amicus)

At a Glance

Date Filed: 

April 14, 2016

Current Status 

CCR joined this amicus brief on April 14, 2016.

Case Description 

CCR has joined the Center for HIV Law and Policy (CHLP), a national leader on HIV policy development, along with 21 national and state organizations, in an amicus brief on behalf of Michael Johnson, a former Missouri college student sentenced to more than 30 years in prison for violating Missouri’s draconian HIV transmission and exposure statute.

The amicus brief argues that the Missouri statute is irrational and unconstitutional. First, it violates equal protection principles because it singles out a group of people for uniquely punitive treatment based on their identity or health status. The statute also violates the right to privacy in one’s medical information, as well as prohibitions against discrimination on the basis of a disability under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Finally, the brief argues that Mr. Johnson’s sentence is unconstitutional under the Eighth Amendment because it is grossly disproportionate to his conduct and any resulting harm.

Also joining the amicus brief are:

AIDS Law Project of Pennsylvania
American Academy of HIV Medicine
American Civil Liberties Union of Missouri Foundation
Athlete Ally
Black AIDS Institute
Center for HIV Law and Policy
Counter Narrative Project
Dr. Jeffrey Birnbaum
Empower Missouri
GLBTQ Legal Advocates & Defenders
GLMA: Health Professionals Advancing
LGBT Equality
Human Rights Campaign
Missouri HIV Justice Coalition
National Alliance of State and Territorial AIDS Directors
National Black Justice Coalition
National Center for Lesbian Rights
National LGBTQ Task Force
One Struggle KC
Treatment Action Group
William Way LGBT Community Center
Women With A Vision

Case Timeline

April 14, 2016
CCR joins CHLP and 21 others in filing Amicus Brief in support of Michael Johnson
April 14, 2016
CCR joins CHLP and 21 others in filing Amicus Brief in support of Michael Johnson