civil rights challenges, lawsuit updates, and court rulings
By Will Doran. . . Sex offenders have rights, too, and in some cases the state has been violating those rights, the NC Supreme Court ruled on Friday. The ruling concerns people who have been ordered to submit to satellite-based monitoring for the rest of their lives, which forces them to wear a tracking device so law enforcement can track…
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By Robin . . . On January 23, 2017, the National Association for Rational Sexual Offense Laws (NARSOL) and its affiliate in North Carolina (NCRSOL), along with two John Doe plaintiffs, filed an 88-page complaint in the U.S. Federal Court for the Middle District of North Carolina. The complaint alleged various constitutional claims concerning Article 27A (sex offender registry scheme) of…
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By Sandy . . . On July 31, a district court in North Carolina ruled that a suit brought against the state, a suit challenging the constitutionality of certain aspects of North Carolina’s sexual offense registry, may proceed. In denying the state’s motion to dismiss, the court found that the action is based on a plausible constitutional claim. Filed by…
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By Michael McKay . . . On Thursday, June 20, 2019, the U.S. Supreme Court rendered a 5-3 decision on Gundy v. United States, a ruling that says the U.S. attorney general’s application of the Sex Offender Registration and Notification Act’s (SORNA) registration requirements to offenders convicted even before the statute’s enactment is not an unconstitutional delegation of legislative authority. The…
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By Morgan G. Stalter . . . Alaska’s Supreme Court on Friday ruled that the state’s sex offender registry violated the due process rights of those convicted of sex crimes in other states, deeming it “too broad and arbitrary when it includes offenders who are not dangerous.” The court ruled 3-2 in favor of a man, referred to as John…
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By Larry . . . Maybe authorities will finally accept that the Fifth Amendment of the United States Constitution really protects individuals from compelled self-incrimination. At least it does in the state of Indiana according to the United States Court of Appeals for the Seventh Circuit. The court made it clear that the protection against self-incrimination even extends do those…
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By Larry . . . In 2015 Rhode Island extended residency restrictions from 300 to 1000 feet for level 3 offenders and retroactively applied the increased restriction to those already living within the expanded buffer zone. In response, the ACLU of Rhode Island filed Freitas v. Kilmartin on October 29, 2015 against the Attorney General and director of the Department…
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By Marilyn Odendahl . . . Finding the disclosures provide information that any law enforcement agent “would love to have,” the 7th Circuit Court of Appeals has ruled Indiana’s requirement that sex offender inmates give detailed accounts of their past actions violates the Constitution’s protections against self-incrimination. Donald Lacy, a sex offender inmate in the Indiana Department of Correction, filed a…
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By Max Green . . . A federal judge in Chicago has found the Illinois Department of Corrections is violating the constitutional rights of prisoners convicted of certain sex crimes by making the restrictions on where they can live so stringent that inmates are often locked up long beyond their sentences. In a ruling issued Sunday, Judge Virginia Kendall wrote…
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By John R. Ellement . . . Convicted sex offenders retain a constitutional right to privacy, and those rights are being violated by a state law mandating that everyone convicted of some sex crimes wear a GPS monitoring bracelet as part of their sentence, the state’s highest court ruled Tuesday. In a 7-0 ruling, the Supreme Judicial Court decided that…
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