civil rights challenges, lawsuit updates, and court rulings
By Larry . . . NARSOL previously reported on the case of Brian Hope v. Commissioner of Indiana Department of Correction, which was favorably decided by a three-judge panel back in January. Unfortunately, the Seventh Circuit granted Indiana’s request for en banc review, and the full court has now turned that victory into a defeat. Trial Court History United States…
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By The Associate Press An amendment to Megan’s Law that tightens the rules on who can seek to be removed from a sex offender registry can’t be applied retroactively to crimes committed before the amendment was passed, New Jersey’s Supreme Court ruled Monday. The case involved a man, identified by the initials J.D.-F., who was working as a manager at…
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By Larry . . . The case of The People of the State of Michigan v. Paul Betts is an awesome win for our cause. The Michigan Supreme Court was asked to decide whether the retroactive application of Michigan’s Sex Offenders Registration Act (SORA), MCL 28.721 et seq., as amended by 2011 PA 17 and 18 (the 2011 SORA), violates…
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By Larry . . . It is constitutional to prohibit internet access according to the Colorado Court of Appeals. Christopher Landis appealed his probationary sentence for attempted sexual assault on a child. He argued that the conditions of his probation restricting his use of the internet and social media violate (1) the governing Colorado statutory scheme and (2) his rights…
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By Larry . . . The case of Dennis J. Powell Jr. v. Mark Keel, Chief, and The State of South Carolina was an awesome victory for our cause. This appeal was the result of the circuit court’s granting summary judgment in favor of Dennis Powell, Jr. on his claims challenging the internet publication and lifetime duration of his mandated…
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By Michaek Karlik . . . It does not violate the First Amendment for a court to impose broad restrictions on a sex offender’s use of the Internet and social media during his sentence, the Court of Appeals decided on Thursday. A three-judge appellate panel rejected the claims of Christopher David Landis that such limitations violated Colorado law, as well…
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By Shelly Bradbury . . . Juveniles cannot be mandated to register as lifelong sex offenders in Colorado if there is no way for offenders to be individually assessed or to later be removed from the registry, the state Supreme Court ruled Monday. The 6-1 decision follows a new law signed by Gov. Jared Polis on Thursday that eliminates mandatory lifetime…
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By Meg Kinnard . . . South Carolina’s Supreme Court says a state law requiring sex offenders to register for life without prior judicial review is unconstitutional . . . According to the FAQ section of the state’s registry website, an offender will only be removed from the registry if the offense is “reversed, overturned, or vacated on appeal and a final…
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By David Wells . . . CHICAGO (CN) — Indiana argued before the full Seventh Circuit on Thursday that state law does not place unfair registration requirements on sex offenders moving to the Hoosier State. At issue is a provision of the Indiana Sex Offender Registry Act requiring people convicted of sex offenses who relocate to Indiana to register as…
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By Larry . . . The case of Menges v. Knudsen is a challenge against the attorney general of the state of Montana and various other governmental officials in their official capacities. See Menges v. Knudsen, CV 20–178–M–DLC, United Stated District Court for the District of Montana. Plaintiff Randall Menges filed suit on December 9, 2020. He asserted that Montana’s…
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