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NC: Lawsuit moves forward in twice-delayed hearing on Motion to Dismiss

[narsol.org 4/18/18]

By Robin Vander Wall . . . At a hearing in federal court (Middle District, NC) on Monday, April 16, 2018, NARSOL, NCRSOL, and two John Doe plaintiffs were represented by Attorney Paul Dubbeling to defend against the state of North Carolina’s Motion to Dismiss a lawsuit filed in January, 2017 seeking declaratory and injunctive relief under section 1983 of Title 42 of the U.S. Code (Civil Action for deprivation of rights). Forty six named defendants were represented by Attorney Lauren Clemmons of the N.C. Attorney General’s office.

At issue in this case are a variety of grievances presented by the complainants about the N.C. Sex Offender Registry and the prohibitions and restrictions that flowfrom them. Chief among them is that the registry laws are punitive and violate the federal constitution’s prohibition against the ex post facto effect of civil regulatory schemes that are burdensome and deprive citizens of liberty interests in accordance with an analysis first articulated by the U.S. Supreme Court in Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963) and applied by that Court in the seminal registry case of Smith v. Doe, 538 U.S. 84 (2003).

 

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  1. steve

    Hmm this looks promising

  2. Not Really

    Registry restrictions are more burdensome than many probation or parole conditions.

  3. courage!!

    Any update on this?
    7

    • AJ

      @courage!!:
      I checked PACER about the NC case. The Motion to Dismiss has been converted to a motion for a more definite statement. IOW, the Complaint is too wordy and confusing for the court and Defendant to figure out the specific issues. Instead of the drastic measure of dismissal, the judge followed a different Rule and issued the motion for a more definite statement. So now the Plaintiffs need to clean up their Complaint and make it easier to understand.

      For those wanting to see the judge’s Order, see here: https://ufile.io/99qhp

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