TN Middle Court affirms earlier decision, orders two registrants removed from registry

By Travis Loller . . . A federal judge ruled Monday that Tennessee’s sex offender registration act is unconstitutional, at least as it was applied retroactively to two offenders.

The ruling in the U.S. District Court for the Middle District of Tennessee affects only the two men who sued, identified in court documents as John Doe #1 and John Doe #2.

“I think the ruling, while it is narrowly tailored to our clients, does open the door to the possibility of a class action,” attorney Ed Yarbrough said in an interview.

U.S. District Judge Eli Richardson had already ruled in February that parts of the law violated the Ex Post Facto Clause of the U.S. Constitution, which prevents people from being punished by a law passed after their crime was committed. On Monday, he ordered the state to stop enforcing any part of the law against the two plaintiffs and to remove their names from the sex offender registry.

Read the rest of the piece here at WTCVtv.

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  • This topic has 0 replies, 1 voice, and was last updated 1 week, 3 days ago by Sandy RozekSandy Rozek.
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    • #82708 Reply
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      A Mistake They Made

      Wow its about time! Sue the hell out of the unconstitutional SOBs!

    • #82712 Reply
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      H n H

      I can assure you that any loophole found which led to these men being removed from the registry is being studied by some punk lawmaker sitting in an office somewhere to pass legislation to prevent this from ever happening again. I’d wager my soul on it.

      • #82740 Reply
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        Joseph

        You can wager to your heart’s content that some lawmaker somewhere is trying to figure a way around this ruling, but it takes a constitutional amendment to overrule a constitutional violation.
        Unless this is overturned on appeal, it can be used as a precedent for future legal action by similarly situated registered persons.
        This is the correct way to go about it. While the state has its right to have a registry, we have the right to not participate in its upkeep. Those of us who have completed our court imposed sentences should not be compelled to leave our homes and travel to any sheriff’s office and open our mouths to give what could be incriminating information. I intend to challenge that portion of the registry law in Georgia in the near future. If anyone would like to participate in this action, contact me. Larry knows who I am.

        • #82750 Reply
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          H n H

          “it takes a constitutional amendment to overrule a constitutional violation.”

          The entire registry scheme goes against cruel and unusual punishment.

          “Those of us who have completed our court imposed sentences… ”

          They skirt around that with lifetime parole. Lifetime parole is a Neverending punishment, and saying the registry is “ok” for those on parole better watch out, cause them idiots will find a way to skirt that as well and say regardless of parole you’re still stuck on it. The last thing to sign off on, on the registry in my state is an acknowledgement that having your record expunged does not exclude registry requirements. No matter what you do, the state will find a way to keep us on here, and I don’t believe that states all have a right to have a registry.

    • #82754 Reply
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      NH Registrant

      The Registry is unconstitutional – PERIOD. It’s retroactive punishment to appease certain ignorant people in society and to make the states some easy money fueled by paranoia and propaganda.

      No matter what I do, I can never use my full name in public anymore. Anyone looking me up from my old high school will IMMEDIATELY see 4 websites with my personal information and full info on my one conviction.

      The govt talks about discrimination. But, they only care about ‘certain people’ being discriminated against. Pure hypocrisy.

      The Registry needs to be either made PRIVATE (and costing the Registrant NOTHING – not $50-$100 per year for the privilege of being an outcast) or flat-out ABOLISHED.

    • #82766 Reply
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      mut

      no more ‘qualified immunity’ to future acts perpetrated against similarly situated sub-class members? enter criminal intent?

    • #82767 Reply
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      mut

      lawmakers went before god and country insisting registration was not intended as punishment but as a civil regulation. hence, they openly and notoriously intended non-consensual exploitation?

    • #82772 Reply
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      Gerald

      I agree with H n H on this one. While I am hopeful for the ruling to stand for the 2 that won. After watching that movie “Untouchable” about that millionaire or billionaire (whichever he is) and how determined he is to I’m guessing show his daughter he is sorry he hired that nanny that abused her. That guy has made it his life’s mission to punish offenders on the list endlessly. While still not seeing his own faults of driving under the influence and so forth. I watched that with my grandson and realized, when people decide to lobby and find ways to punish others to gain praise and separate themselves from the fact they messed up, it’s an addiction.
      He is trying to separate himself from the fact he hired a woman that he shouldn’t of hired to watch over his kids, but the fact that he can’t escape that fact has turned him into a person looking for praise and acknowledgement in fighting it.
      It made me and my grandson so sad to see that men like the one I previously described exist and believe they are doing something right by creating blanket laws. When that guy was asked what have you done legislatively that would prevent what happened to your daughter, he answered “nothing.” That is why these laws and this registry do not make sense. They are supposedly created to combat the problem and prevent it, but you can’t punish a person that hasn’t offended which is 9 times out of 10 the person that offends.
      I am hopeful this ruling will stand but looking at the state bills in Illinois last night I can see they are creating more murky water and legal hurdles for individuals with this label ahead. I wish I could take my grandson’s situation to court, I know he’d win but we’d need a good attorney and the money to see it through to victory. That unfortunately is why most of this unconstitutional legal stuff stands. A poor person unless backed by a millionaire or a good group is unable to fight and win in appellate court today unless it’s a criminal proceeding.

    • #82783 Reply
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      David

      I am grateful to the judge who is not afraid to enforce the law. The registry is a nitemare to the family and the registrar. Registry must be abolished, it’s double jeparty towards the person who has already paid for the crime if in fact there was a crime. Often people on the registry are and we’re innocent at the time of conviction. Thank you to those professional individuals who give their time and effort to this cause.

    • #82784 Reply
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      Perry

      I’ve said it before, and will continue saying it over and again because I firmly believe it WILL HAPPEN: Just like The QAnon People are trying to organize to literally Re-Write Our Nation’s entire Constitution if not outright abolish it and start a new USA, there’s going to be a rising group that will literally decide to Revolt against the existence of The Registry. There will end up being a time when Civil War II OR III, WILL come about! You think our Country’s divided now? Just wait.
      Nuff Said!

    • #82785 Reply
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      Perry

      And in the event my previous Comment Isn’t approved, I’ll simply say this: At some point, Legislators are going to run out of ways to Legislate Perpetual Punishment against Us…especially when more and more of THEIR OWN SINS, are also found out by people hiring their own Investigators to look over THEIR backgrounds!
      Nuff Said!

    • #82813 Reply
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      Tim in WI

      If ypu can convince a federal judge you can convince jury of peers. There is no conceivable way to consider human enslavement to database property not a punitive act by the people. Obviously propaganda rules America today. Obviously the database driven infrastructure spreads information AND misinformation at light speed. Perfect propaganda tool for any cause.

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