Suit filed in Missouri: “Registry results in retribution for past offenses”

By Pat Pratt . . . A woman barred by her church from a marathon to fight hunger and a man who saw hatred spewed so often his daughter was forced to move and his wife took her own life — they and others are seeking removal from Missouri’s life-long sex offender registry, arguing it is unconstitutionally cruel.

The children of many of the 25 John and Jane Does seeking removal have also joined as plaintiffs in the lawsuit filed recently in U.S. District Court for the Western District of Missouri, claiming the lifetime requirement of their parents has deprived them of their constitutional rights as well.

Named as defendants are Missouri State Highway Patrol Superintendent Col. Eric Olson, technical services commander Maj. David Flannigan and criminal justice information services director Capt. Christopher Jolly.

State Attorney General Eric Schmitt responded to the suit on Monday, writing the plaintiffs are barred from bringing suit by sovereign immunity and the time to file has passed. He also argued they have not exhausted administrative remedies and challenged whether federal court was the proper venue as opposed to the state courts.

Attorney Clifford Cornell, who is representing the plaintiffs, did not return a call seeking comment, but in the petition writes that in the case of his clients, the registry results in retribution for past offenses more than the public safety it was originally intended to promote.

“The Missouri Legislature is prohibited from inflicting punishment on a particular person or group through legislative action without trial or judicial action,” the petition reads. “SORA violates the above constitutional bans as it imposes punishment on an affected class whose membership is based entirely on past conduct with no method or process provided for escaping the class.”

In the petition, the offenders seeking relief detail how the registry has negatively impacted their lives long after serving their sentences. Some of those effects are hurtful, such as missing sporting events, name calling and being shunned in the community. Others are far reaching and devastating.

Read the rest of the piece here in the Moberly Monitor-Index

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    • #58418 Reply

      Oh, this is going to be an interesting challenge to keep up with!! This is the FIRST time I’ve heard of THE CHILDREN OF REGISTRANTS filing suit against the registry. This is a whole new arena to argue; how the registry DEPRIVES FAMILY MEMBERS OF THEIR RIGHTS.

      I think the prosecutors are grasping at straws here because this is not the registrant, but their kids! I want to see how the state defends destroying the children of registrants with their precious public hit list!!

      • #58425 Reply

        I also really appreciated that this attorney is taking a step out and saying in a legal arena that this is really hurting families. I’ve mulled on this before, thinking that I’d love to see wives of registered citizens come together and file for violation of their rights as fit parents. A fit parent has the right to direct the care, custody, and control of her children – but those rights are stripped away from her because she’s co-parenting with a registrant whose liberty interests are eroded and even totally stripped away by the State.

        I really like that this litigation is focusing on family members and how it impacts children as they grow and even into adulthood. Surely the registry’s cruelty impacts family members. I hope that people stop being blind to the collateral damage to so very many lives.

    • #58428 Reply

      Hello, i just read the article and i was wondering where is your evidence for everything you said about sex offenders? The truth about recidivism rate is that The Federal Government did a study on sex offender recidivism rate in 1994 and the results of that study was 9% recidivism which is the second lowest recidivism rate, murder is the lowes, whats frieghtening is our U.S. government knew the truth about sex offender recidivism rate 9% & the government has done a study on recidivism rate every year after that to date and recidivism rate went down in 1995 of below 5% and that rate (below 5%) remains recidivism rate o current date. I also found on the Doj’s website articles and studies which show recidivism below 5%. I sent them an email asking why are all these sex offender laws are still on the books because thats where i found the article where the government did first recidivism rate study in 1994. When the Doj answered, they said oh you have to contact your local legislature an senate, i told them but you knew the truth it’s on your website an still know the truth but everytime a law is up to enact or not, you don’t say anything and show all of your evidence which is complete opposite of what legislature tells you, all laws should only be voted in on facts not because any movement feels this should be a law, and go home and tell there kids how important it is to tell the truth. You are more likely to be hit an possibly killed by a drunk driver than a child or adult getting sexually assaulted, drunk drivers kill more than any other & they used Real studies to back that up oh one more thing, did you know there are more people killed by a knife than a gun! Fact theres a study and evidence to prove that. Believe nothing you hear and half of what you see. Have a good day

      • #58438 Reply

        Thanks, Mike!
        I am glad there are people making the call like you!

      • #60029 Reply
        James Milstead

        I have a news station in kansas city who claims the will listen its fox4. I just need more facts and information before I go to them! Help me get this word out!

    • #58437 Reply

      WC, this is interesting in this respect Well there you have it the report about the witch hunt plus american government cover up today and the damage it does to kids not to mention many hardships to adults in many of these area’s. Its either a he said or she said public touching or public safety internet scam measure. One wonders who penalizes who today in this war of protecting and serving type “motoring” or laundering.

      Much of this sex registry is no more of a public safety thing than carter has liver pills. even the kids that are bringing this suit type action know that. This sex offender registry thing is overly abused. Yes it will all comes out in the wash and Napoleon will meet his match at waterloo

      This is a good move by the kids. Kids need parent figure’s in their growing years Sure all have many different troubles growing up. I can even understand a lot more about mothers against drunk drivers as Mike said as opposed to this sex registry heist on one’s liberty and freedom.

      Is public safety an operation of first chance meetings if it is computer related of a come on over to my house right off the batt. Even kids in school don’t do that right off the batt with a sexual flurtation but who know’s today. Even classification of most of this is a crock. Guess Stewart was right, Every picture will tell a story… thank you Rod.
      Would one say that even public safety on a computer for the girl to ask you to come on over to my house and lets play jacks in the middle of the night or whatever would sound out of line. If it sounds to good to be true usually it isn’t. Listening is the key in every situation and being on guard.

      I believe a person said once If I recall, its time to tango, and for the registry its time to tango as action speaks louder than words with true principal. One can have all the evidence one wants or facts but if one doesn’t have truth than its just a one armed bandit slot machine that the pay out is a plea deal in many cases.

      Sure the kids want mom and dad back but even in a game of strip poker one can hold out. I would hate to be a judge to even judge a sex offender that one labels as a some lepar today or outcast, but when kids speak up about this ordel than this opens up a whole different ballgame for everyone. Brettia use to say, Don’t do the crime is you can’t pay the time. I’m still trying to figure out the crime in many of these ordeals.

    • #58454 Reply

      At the moment, this seems to be limited to Missouri state residents. I wonder what it would take to propel this suit to include the whole nation. Every one that has ever been effected by federally mandated system of law should be allowed to join this complaint and receive some affirmative action.
      There are so many innocent people who have been affected by the overreaching and encroaching methods of the SO registry. In my opinion there are certain people who are even owed damages from the actions of the US government as a whole.
      Lastly, I always say the way to attack anyone in our society is to go after their money. I hope that if they win, these plaintiffs financially cripple the Missouri state sex offender registry and enforcement.

    • #58470 Reply

      These kids are standing up and yes the stigmatic view on the sex offender and registry is out of focus in many respects. Ihave rewritten my letter and posting it today to the President as American government is getting a bit out of hand.

      While one gets a letter about yearly polygraph mainteinace. why shouldn’t one have the option of being a conscientious objector. I really hope these kids and this complain is a positive result in bringing some good news to this sex registry confusion to put an end to allof this.

      While we all have problems government seems to want to exault themself above others. Sure lawyers have a tough time in many of these challenges. New testament Just will outweigh all of this in the long run so I am proud of NARSOL and others even ACLU I’m sure has a very dim look on many of these sexual situations and devious infriengment methods.

    • #58496 Reply

      I said from the very beginning the Federal Government used fraudulent statistical data in the U. S. Supreme Court to argue the case of high recividi sm rates among sex offenders to bring the registration into effect. Bogus B. S. Time to have the registry ABOLISHED?

    • #58519 Reply
      James Coghill

      This is a novel approach that never occurred to me till I read it. This is a phenomena I’ve seen repeated over and over. The impact of the registry and the damage it creates no single person can anticipate them all. But there’s one thing that is for certain, to those it has impacted, they feel the pain, they suffer the punishment along with everyone else and they did nothing to deserve it. The law was never intended to punish the innocent along with the guilty and any law that does is a BAD LAW.

    • #58562 Reply

      I write this as someone who has had to help a family member who was falsely accused and has seen the tangled mess of what the system has created. Basically we’re over legislated and they don’t mind to keep throwing more into the fire. Malcolm X spoke about a “racial powder keg” and so now we’re approaching a new powder keg: the one-way street of our justice system and how it treats those accused of sex offenses.

      Former district attorney Mike Ramos figured a way to keep sticking it to alleged offenders and that is to side with alleged victims. The prosecutor just has to get the accuser to take the stand and give them all the comforts of “victimhood” (such as having a support animal at trial) in exchange for one little l i e.

      That’s why he’s pushing for ab 433 “probation notice to victims” in California. Judges were fighting last year before the primaries and closing cases before a defendent could be forced to complete their terms of probation. Part of such terms would include being forced to register, take classes where you have to admit to the allegations, and…restitution.

      The registration would be forced as early on as possible, within 6 days of being released from jail. They would make you take fliers at the probation office for all the facilities where you could take classes.

      Restitution became a factor in coaxing false testimonies but could only be prescribed if the court ordered “felony probation”. A misdemeanor charge can alleviate the requirement for DNA and polygragh testing.

      All this allows an accuser to lie.

      2008’s Marsy’s law made that restitution “constitutionally guaranteed”. Like all legislation it was decorated to look like it was “pro-victim” and more about preventing crime than rewarding accusers.

      But now we have an even bigger problem: they figured out how to KEEP the system going term after term, siding with whoever is in power. California has democratic majority right now…so Ramos (Republican) is trying to benefit from his connections. He already got ab 433 to pass the assembly, now it just has to pass the Senate and the governor.

      Kamala Harris.

      Gavin Newsom.

      So friends…it’s a battle not with one or two or 10. But an entire entrenched system, looking to protect their interests and pat each other’s backs term after term after term after term.

      Kamala is already trying to force her race, gender, and soon victim based platform.

      If you want to see SOME possibility of even the SMALLEST hope…don’t vote Harris.

      • #59419 Reply
        Tim in WI

        Rule by fiat? Anyone.

    • #58635 Reply
      Old offender

      My first reaction is “What kind of church calls itself “Christian” when it bans sinners. I fortunately have been able to keep a low profile in my state of Colorado, but there are many states which I can’t even visit without the risk of life long registration. The whole system is designed for long term continued punishment, nothing less.

      • #59779 Reply

        My SOAB mandated counseling justifies this lifelong registration as being equal to the lifelong suffering a victim deals. In some ways, this could be justifiable, but most,such as myself have had little verifiable responses to sexual assault. Some of the few responses I’ve had might not even be considered as from my experiences.

    • #58687 Reply

      “State Attorney General Eric Schmitt responded to the suit on Monday, writing the plaintiffs are barred from bringing suit by sovereign immunity and the time to file has passed. He also argued they have not exhausted administrative remedies and challenged whether federal court was the proper venue as opposed to the state courts.”

      After damages are done is the proper time to sue Eric! The damages are continuous and easily proven. The rest of his argument is BS. The best part about this is the Kids of the sex offenders are suing. I believe this is the way to stop these people. Sue the hell out of them for damages to innocent children of sex offenders by unconstitutional punishment.

    • #59831 Reply

      Has anyone thought to have a friend(s) or family member(s) sue as regular citizens about challenging the state on constitutional grounds that the stat is forcing registrants to go underground and making their communities unsafe by implementing and enforcing the registry on affected people, and that non-sex-crime felons who have a higher recidivism rate and rate of violence are not placed on any public registry to notify the community of their dangerousness? Think about this!

    • #60675 Reply
      James Coghill

      So the state essentially challenged the Plaintiff’s standing in court and their right to even be there. More legal legerdemain. Had the principles of Private Attorney General been used the state could not have resorted to this. Why did it take 3 months to get nowhere?

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