Comments that are not specific to a certain post should go here, for the month of October 2016. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.
Related posts
-
ID: Idaho House widely passes bill to limit youth access to ‘indecent sexual exhibitions’
Source: idahocapitalsun.com 2/25/25 Bill, drafted by the Idaho Family Policy Center, was inspired by drag shows... -
Watch the March 3 D.C. Vigil on live streaming!
We are very pleased with the number of people who are coming to the Washington DC... -
ACSOL Online Meeting March 22, 2025
You are invited to join ACSOL Executive Director and civil rights attorney Janice Bellucci and an...
I apologize for hijacking this portion of the forum. The response has been heart felt.
I spent my whole life trying to forget and at the same time understand what happened to me in my youth. I blazed my own path, looking for what I knew would put me at peace. I found it when I was asked by a friend in the Red Cross to help in the Thailand tsunami. Years later I met my love there and for the first time I felt I was worth another’s love. She wanted me to search for myself and excorsise my inner angst. That search took me to a very dark place, which in turn has brought me to you. I miss her every second of every day. We had a good life there. and I was finding my way. I feel like that was a dream and I have been drug back into the reality of my life. I often feel that calling to just clothes my eyes and go to her and be in that dream. My work with seniors filled that need to be loved as well. That too has been stripped from me. All I have left are memories. I appreciate the offer to visit N.Y. , it is a kind gesture. All of you are good decent people, I feel that. I am sad, but not for the reasons you may think. My offense helped me close a part of my life that I couldn’t accept. In a way, I am more at peace than ever, and comfortable with any decision I make going forward.
Regards to all.
An indication of how fast public (and legal) opinion can be changed is this ruling about the rights of transgender students — a category that was not on anyone’s radar until quite recently. And, note that it was the ACLU who fought for them. What can we do to get that kind of favorable attention?
Dear Friend Of ACLU,
This week saw an important victory for transgender students in Illinois and elsewhere. A federal magistrate judge in Chicago affirmed the legality of transgender students, including our client Student A, being allowed to use the restrooms and locker rooms at their school consistent with their gender identity. The court denied a request to force suburban Chicago District 211, which has been at the center of this controversy, to stop allowing transgender students in the District to continue using gender-appropriate restrooms and locker rooms. The decision comes in a case brought by a group of parents and students calling themselves Students and Parents for Privacy (“SPP”).
Read the entire ACLU release here —
http://www.aclu-il.org/decision-denying-preliminary-injunction-in-district-211transgender-student-case/
Just an idea…
Any of those that are currently going through their mandatory treatment…spread the word about this site, Janice, etc. Make sure everybody knows about the site and the cause. Tell your family members, tell your friends.
We can’t fight this monster without money (donations). Maybe we could get little postcards or business cards that could be handed out to others attending counseling. If I had a handful of RSOL postcards I would be willing to pay the postage to get something mailed out to the registrants in my zip…to get the word out to people that might not be in counseling. Few registrants are well off financially (thanks for registration) so the only way we have a chance is with big numbers of people pitching in. The bigger the SO industry gets…the harder the fight will be. There is money being made (counseling, etc) and those poised to make the money will defend their investments any way they can. The only way things will change is with a fight…and a fight takes money. Sadly…money is something few registrants have much of. This makes us a very easy target.
I may not have the answer, but I’ll continue to attempt to understand the reasons why
the USA is becoming a Democracy? When I watch and listen to our “Elected Officials and Lawmakers”,
they continue to refer to our form of government as a “Democracy”. The United States is a “Republic”.
Although, there may in some minds be minor differences, a “Republic” protects minorities via a constitution.
And yes, we are a minority!
A republic is similar to a representative democracy except it has a written constitution of basic rights
that protect the minority from being completely unrepresented or overridden by the majority.
It’s no secret that the majority of people do not like the Registered Citizen.
The Government or Yes; the majority cannot take away certain inalienable rights in a Republic.
All eligible citizens get equal say in decisions with protection of unalienable rights to individuals.
The US is actually a Republic. It is governed by rule of law. The elected are bound by oath to the
written governing limits (ie constitution) yet vote “together” and create laws to address concerns
of the represented in a democratic way.
Generally, private property is permitted, especially insofar as there is a constitutional
prohibition on interfering with property rights.
Registrants now are being discriminated as to the location they may live or reside.
In a pure Democracy, generally, private property is permitted, although a majority
faction may place limits on property rights. If a person is restricted to only certain areas
of a community, their options for owning property are severly limited. This is Interfering.
In a Democracy, In theory, all citizens have an equal say and so are treated equally.
However, often allows for the tyranny of the majority over the minority.
In a Republic, In theory, all citizens have an equal say and so are treated equally
by the government, especially insofar as there is a
constitutional prohibition on government discrimination.
There is without question “Government Discrimination” when it comes to Registrants.
The U.S.A.’s Constitution clearly shows the U.S. as a Republic,
Article 4, Section 4 of the U.S. Constitution.
It is in my humble opinion that the United States of America is rapidly becoming a
“Pure Democracy”
If we spend some time educating the Elected Officials, Courts and Lawmakers that
the United States is a “Republic”, we may hopefully begin to see the Idea of a Registry
is without question something that should only materialize in a Democracy and never
in a Republic.
I believe we used to have to stand and pledge allegiance to the flag of the United States of America and to the Republic for which to stands…..
For anyone interested. I ran into some snags early on but the site is up and running. ***please feel free to provide the link when it is live. Moderator***
Hahaha, NYS prison guard brutality gets harsh spotlight in our headlines today. Oh really, when I was in I personally saw co’s beat people bad simply for turning their heads when they said not to, I mean beaten. You could hear the punches making contact. I was personally the object of one older co who while allegedly frisking me he was trying to pinch my chest. He wasn’t patting, he was like feeling with his hands on me. I told a co captain on the way back to my dorm. The next day at the building where we took engine repair classes, the co and his other buddy made me wait to leave last. When everyone was gone, he came to me and said, if you have a problem with me, you come and tell me, while his sadistic looking pal looked at me like he was gonna kill me. Yea, the captain told him what I said.
I saw the co,’s set this guy up so that he would be beaten up by another inmate. At one prison, when you came in the first building, they would separate the guys who had sex offenses from the others, then they would make you bend down and this guy would ask you your offense, and if he didn’t like you, he would kick you or step on your hands. Then there was one co who enjoyed grabbing inmates nuts when leaving the mess hall after working. A real perv.
But most co’s I met did their jobs. But there are some that should be in prison as inmates. But the other co’s won’t say much because they will get treated like crap by the administration, and other co’s. Yea, they hate it when their image is tarnished, but they don’t care if you get hurt or killed.
Well my cubs are on the verge of finally making it to the world series. They and the Indians have had a long wait, congrats to both or whoever makes it. Whoever wins the world series, congrats.
Well tonight I’m feeling a bit down, I’m trying to figure out what it will take to knock some sense into the people who continue to support the registries. I would like to go to my local TV station and picket, but I have no one to do it with. Or right in front of the county police dept. Everyday until something is done. I really feel like I’m going to explode. I’m so tired of having to feel that I have to justify my existence to them or anyone.
I want to travel, but the requirements from state to state make it seem impossible. Plus, my finances only allow travel by bus right now. Which makes it harder.
I’ve considered many options, but they all seem to require money I just don’t have, SSI doesn’t pay much.
I went the other day and filled out the internet form, at the bottom it said, sex offenders signature. Wow, they don’t even give you the dignity of saying just signature. No, to them your just a label.
I told them I used my son’s car once, and now they have it listed as one of my vehicles owned on the website. It’s not even my car.
Yea, I know I tried to help O.A.l. the other day, and made things sound OK. But they’re not, and probably never will be. But, looking back they never were OK then, for that matter.
Yup, I’ve had so many experiences, that it’s become a real burden. Fear sucks, and being made to feel inhuman is as bad as it can get I think. Been watching the walking dead all week, and now I’m beginning to feel like them. I have to get out and do something.
Oh, I do get support, this is just a temp thing, but it just demonstrates how a person in our shoes can feel from day to day, or hour to hour. I guess this will make some people feel good, hey the registries are working. Lol. And they will justify it by saying, think of the victims, think of what they went through.
I suppose that’s right to a degree, in some cases, not all sex acts are physically or mentally unforgettable, or that terrible in comparison to other things. There are lots of things that violate our trust. No replies necessary.
Well, I wish you all a good night, I just feel like running outside in front of a truck and saying goodbye. But I think that everyday, it’s nothing new. I think the real problem is I just feel to old to start all over again, especially with a nightmare always lingering in my shadow.
Yea, this sums it up for me, just another human tragedy, but at least I’m not alone, there are a lot of them everywhere on this planet. Go Cubs.
Just thought I would share this link.
Stuart Whitman and Rod Steiger star in an award winning movie about a man who served prison time for intent to molest a child and tries to build a new life with the help of a sympathetic psychiatrist.
http://zzflix.com/TheMark.html
I apologize if this is a little off topic. But as someone who has registered to vote for the first time I thought I might share my studies with the community.
One candidate for president won my vote today. On the campaign page this politician says they will:
Keep officer’s disciplinary history accessible to police departments and the public. Eliminate delays in interrogating police officers involved with civilian shootings. End paid leave and desk duty for police officers being actively investigated for a civilian shooting or deadly force. (The first part reminds me of the registry, “accessible to the pubic.” A record of your violations publicly accessible.)
And here’s what sealed the deal:
End discrimination against former offenders who have paid for their crimes and should get a fresh start.
I’m voting for Jill Stein this Election Day. I’m in no way paid by her campaign team. I’m just tired of seeing our rights flushed down the toilet & have no faith in the two top condenders. Neither of them care for anyone’s rights except the privileged. She seems like she has our rights at issue. Many other great topics she wants to tackle. But those hit home personally.
As I was scrolling around this website I noticed under the area “what this organization stands for” and this last bullet struck me as strange:
” We do not now nor have we ever had a relationship with the North American Man Boy Love Association (NAMBLA)”
1) what is that group–based upon what it sounds like I’m afraid to google it
2) why would this organization feel compelled to single out just this one what sounds like a pedophile group. If no mention was made to it isnt that a more reassuring way to not being associated with something?
Hahaha, woman, 20 selling her virginity after family loses home to fire. Current bid $.400,000. Yea, they can sell their asses for money, no problem. But screw em as a teen with consent or some other statutory violation and your ass is going to jail and you get the grand prize, a ruined reputation and possible imprisonment for the rest of your life. Hell, I wish I could sell my ass to get out of this country and be free!
Anyone have any updates regarding the lawsuit against the likes of SORarchives and bustedoffenders? I appear on both of those extortion sites (interestingly, they have 3+ years outdated information). Are they both run by that Oesterblad dirtbag?
I also am trying to find a way to suppress search engine listings of court filings (gpo dot gov) that appear in the top two search results of my name.
man I keep hoping to go to this website and see in bold letters “FEDERAL LAWSUIT FILED CHALLENGES COURTS JUSTIFICATION FOR SEX OFFENDER REGISTRATION LAWS THAT HAVE BEEN BASED ON LIES AND MYTHS” some day I guess….
To Mike
Well I don’t know, I figure that once you give people power like this, it’s real difficult to take it away. I mean they have the power to put your address, photo, licenses, phone numbers, cars, employer all online and graciously subject you to the mercy of any nut in the country. And they have no responsibility if you get murdered, or anything else.
I’ve come to accept there are a number of people in this country whose agenda is violence, fear, and vigilantism. It’s happened before, communists, supporters of the NAACP, but not to this extent. We’re dealing with some folks that just want vengeance for the crime of being human. Because this kind of hatred goes beyond a crime. We’re being punished for being human and a part of this society, even when we all know it will never be stopped.
And even if it could be, something would take its place. I’ve been around decades, and my learning leads me to this terrible conclusion, it’s just going to get worse in this country. I can see no resolution because demagoguery and political ambition outweighs everyone’s rights. TV shows are preparing the way for any and all justifications of fear. I’m not sure who is exactly responsible for this outcome, but wow, people are just standing around letting it happen, judges who invent laws and philosophies of law that don’t exist, and your powerless to do anything because they have complete immunity no matter how illegal or unsupported their decisions are. If the law was the law, they should be hung from the nearest tree, without mercy. Because they don’t just hurt one person, they hurt millions.
There has to be a purge in the judiciary, those who uphold the constitution keep their jobs, those that don’t lose them and never get to serve in any official capacity again. Damn, even a president can be impeached. The only way to stop the law from being ignored is to apply it to everyone. We no longer have a right to say other people or nations are immoral, are wrong. We are the most corrupt nation on this planet. Our little 300 million people are trying to run the world. It’s time for that to end. That’s my feeling. When the scrotus declares this shit unconstitutional my belief will be restored, until then this country can kiss my @$$.
Can anyone post any links to research that shows recidivism rates? I need some good sources for a very important matter.
Thanks.
Haha, I guess NATO is crying about the refueling of Russian ships headed for Syria where we’re using pressure and bombing people to put in a new puppet regime there. We have our own puppet regime to worry about right here, a bunch of lawless judges.
And Europe is putting troops in Poland and other eastern countries to threaten Russia. Russia did help liberate these countries during ww2. If I was Russia I certainly wouldn’t take any crap from European nations, and least of all Germany. If I was Russia, I would nuke them immediately.
As for the rest of NATO, theyre all talk, kinda like our constitution, nothing but words. If Russia moved on them they would be lost. It’s time for the bear to act, not hibernate. Only power rules, but strategic power is best, fry Germany or England, the rest will fall in line. The u.s. would-be powerless, and at best would only threaten, but not act once nukes hit Europe. Hitler would have done the same thing if he had the chance. It’s time for a new world order, this one is finished. Like we say, we have a right to strike preemptively when our national interest is at stake.
ml hope this helps…these rates are provided by sosen.org and will bassler…incredibly useful information on that site….
State studies
AK 03% page 8 Criminal Recidivism in Alaska Alaska Judicial Council January 2007
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8635&cid=a754c96e86e37f71&app=WordPdf
AZ 05.5 % Sex Offender Recidivism Arizona dept. of corrections note bottom of page 03.3%
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8633&cid=a754c96e86e37f71&app=WordPdf
CA 00.8% The California Department of Corrections and Rehabilitation (CDCR) “2014 Outcome Evaluation Report“ http://californiarsol.org/2015/08/new-cdcr-report-reduces-rate-of-re-offense-to-less-than-1-percent.
CA 05.0 % fig 12 California Department of Corrections And Rehabilitation
2010 Adult Institutions Outcome Evaluation Report
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8632&cid=a754c96e86e37f71&app=WordPdf
CA 03.5% table 3-2 California sex offender management Board January 2008
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8630&cid=a754c96e86e37f71&app=WordPdf
CA figure 11 01.9% California sex offender management Board 2012 in looking at this one I realize that this is another attempt to increase the visual concept of a higher reoffend rate than actually exists you will note in table 11 , that there are 8490 released sex offenders and that 5870 are returned to prison or 69.1% going onto figure 11. The pie chart does not represent the 8490 but rather represents the 5870 . When you take this into account and do the math. 1.9% of 5870 comes out to 111 and 111 people involved in the new sex crime, out of 8490 comes out to an actual reoffend rate of 1.3% . This is just another way that the government is using razzle-dazzle techniques. In doing their statistical analysis.
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8943&cid=a754c96e86e37f71&app=WordPdf
CA 01.9 % figure 11 California Department of Corrections And Rehabilitation 2012 Outcome Evaluation Report
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8943&cid=a754c96e86e37f71&app=WordPdf
CA 5 year study 03.2% RECIDIVISM OF PAROLED SEX OFFENDERS – A FIVE (5) YEAR STUDY
https://onedrive.live.com/?cid=A754C96E86E37F71&id=A754C96E86E37F71!8627
CA 10 year study 03.3% RECIDIVISM OF PAROLED SEX OFFENDERS – A TEN (10) YEAR STUDY
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8626&cid=a754c96e86e37f71&app=WordPdf
CT page 9 01,7% And prisoners with no prior sex crime are six times more likely to be involved in a new sex crime Recidivism among sex offenders in Connecticut, State of Connecticut
Office of Policy and Management, Criminal Justice Policy & Planning Division, February 15, 2012
DE Table 26 03.1% REARREST 6 offenders and on table 27 3 Offenders were not found guilty of a crime that makes the percentage of people convicted of a new sex crime. 01.5% Rearrest should never be used as a determining factor. Delaware Sex Offenders, Profiles and Criminal Justice System Outcomes, January 2008
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8622&cid=a754c96e86e37f71&app=WordPdf
DE 3.8% rearrest table 7 Recidivism of Delaware Adult Sex Offenders Released from Prison in 2001 July 2007
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8621&cid=a754c96e86e37f71&app=WordPdf
DE 5% rearrest table 8 after 5 years Recidivism of Delaware Juvenile Sex Offenders Released in 2001 September 2007
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8620&cid=a754c96e86e37f71&app=WordPdf
FL 4.2% page10 Figure 2 10 year follow up SEX OFFENDER RISK AND RECIDIVISM IN FLORIDA
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8784&cid=a754c96e86e37f71&app=WordPdf
HI RECIDIVISM/REOFFENDING BY SEXUALLY ABUSIVE ADOLESCENTS: A DIGEST OF EMPIRICAL RESEARCH STUDIES Years: 1943-2008 85 RESEARCH STUDIES MEAN RECIDIVISM RATE FOR ALL STUDIES = 7.73%
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8619&cid=a754c96e86e37f71&app=WordPdf
IA page 7 #4 “With the overall recidivism for sex offenses as low as 2% “ Iowa Sex Offender Research Council Report to the Iowa General Assembly January 22, 2009
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8618&cid=a754c96e86e37f71&app=WordPdf
IA table 4 03% new sex crime THE IOWA SEX OFFENDER REGISTRY AND
RECIDIVISM Iowa Department of Human Rights Division of Criminal and Juvenile Justice Planning and Statistical Analysis Center
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8617&cid=a754c96e86e37f71&app=WordPdf
IA ARREST 02.3% page 7 Iowa Department of Corrections Report to the Board of Corrections
Third in a series of reports highlighting issues contributing to corrections population growth April 2006 Sex Offenders
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8616&cid=a754c96e86e37f71&app=WordPdf
IN bottom of page “1.05%of identified sex offender’srecidivated for a new sex crime within 3 years.” Indiana Department of Correction Recidivism Rates Decrease for 3rd Consecutive Year
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8935&cid=a754c96e86e37f71&app=WordPdf
IN page 22 05.7% Recidivism Rates Compared 2005-2007 Indiana Department of CORRECTION
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8936&cid=a754c96e86e37f71&app=WordPdf
ME page 12 03.8% Returned to prison for sex offense SEXUAL ASSAULT TRENDS
AND SEX OFFENDER RECIDIVISM IN MAINE 2010
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8612&cid=a754c96e86e37f71&app=WordPdf
MI 8/10 of 1% three-year study has come out of Michigan looking at the number of people on parole that were returned to prison for new crimes they found that of the sex offenders who were released from prison and found that they were involved in the new sexually related crime at 8/10 of 1%, or in other words, that 99.2% DID NOT Reoffend in the new sex crime. And that they had the lowest reoffend rate of all the criminal classes released. the full report is here http://nationalrsol.org/wp-content/uploads/2014/12/CAPPS.pdf
MN 5.7 % over 12 years Table 2 page 21 Sex Offender Recidivism in Minnesota April 2007
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8610&cid=a754c96e86e37f71&app=WordPdf
NY 04% profile and follow-up of sex offenders released in 1986 this one is another attempt to hide the facts . I finally found this information on page 19. They state that there were 556 offenders released below that on page 19. They show a table 14 the number of people related to each of those crimes that were returned to prison. If you look at the numbers for a new sex crime. You will see that they are 5,6,5 and 7 totaling 23 , when you do the percentages 23/556 UN that with the re-offense rate of 4% . If you look at the other graphs that they have provided they have shockingly high numbers . The problem is that they are only looking at the people that are returned to prison and ignoring the people that stayed out of prison. So their numbers are skewed because they did not include people not reoffending in their statistical data.
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8607&cid=a754c96e86e37f71&app=WordPdf
OH report to the Ohio criminal sentencing commission, January 2006 sex offenders Sex offenders in Ohio have a lower recidivism rate than the recidivism rate of all offenders (38.8 percent). A 10-year follow-up of a 1989 cohort of sex offenders released from Ohio prisons found that only 8 percent of sex offenders were recommitted for a new sex offense
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8604&cid=a754c96e86e37f71&app=WordPdf
OH Ten-Year Recidivism Follow-Up Of 1989 Sex Offender Releases EXECUTIVE SUMMARY Recommitment for a New Crime Sex Offense 8.0 % after 10 yeaars
https://onedrive.live.com/view.aspx?resid=A754C96E86E37F71!8603&cid=a754c96e86e37f71&app=WordPdf
WA03 07% Re-offended Department of Corrections Public Safety Update What is the re-offense behavior for sex offenders under supervision in the community? •Of the 264 offenders who committed a re-offense:•83% or 218 were unemployed •73% or 192 DID NOT have stable housing
WY again I have to dig through the research to find the numbers . The end result is that between 2000 and 2005 , 545 sex offenders were released and of that 24 reoffended it in a new sex crime . That makes the reoffend charade of 04.4%
also here is an update on where I am at in my motion..Just humor me it helps and makes me feel better when I post this… Thanks
JURISDICTION AND VENUE
1. This is a civil rights action seeking to enjoin local, state, and federal agencies from requiring me to register as a sex offender and subjecting me to the public notification laws (CA Penal Code § 290, Sex Offender Registration Act. ) and 42 USC § 16913 as applied to me in violation of the First Amendment, Fifth Amendment, Fourteenth Amendment, and the Equal Protection Clause of the United States of America as well as California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel
2. This court has jurisdiction over this action under 28 U.S.C. sections 1331, 2201, and 2202; as well as 5 U.S.C. section 702, which waives the sovereign immunity of the United States with respect to any action for Injunctive relief under 28 U.S.C. Section 1331.
3. Under 28 U.S.C. Section 1391(e), venue is proper in this Federal district because defendants are officers of agencies of the United States sued in their official capacities, and because this judicial district is where Plaintiff _________________ resides, and where a substantial part of the events giving rise to the claims have occurred and will continue to occur.
5.I the plaintiff ______________________do hereby bring forth this motion for Declaratory and/or Injunction relief. I am not an attorney and I have no formal education in the field of law. i cannot afford legal assistance as I do not have unlimited disposable income, such as the government has, so I am asking this court to consider the issues in this motion based on the merit of each issue without regard to court rules and procedures or technical errors. I am also asking this court for assistance in determining exactly what rights are being violated and exactly what type of remedies the court deems applicable in my case. This assistance by the court maybe unprecedented in our judicial system with no case law or precedents for the court to follow, but it is my right to access to the courts and to be heard in a meaningful way in any issue arising causing me detrimental effects from an action as stated in the following cases.
Elmore v. McCammon (1986) 640 F. Supp. 905
“… the right to file a lawsuit pro se is one of the most important rights under the constitution and laws.”
Jenkins v. McKeithen, 395 U.S. 411, 421 (1959);
Pro se pleadings are to be considered without regard to technicality; pro se litigants’ pleadings are not to be held to the same high standards of perfection as lawyers.
Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938)
“Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment.”
Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA)
It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson.
Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals
The plaintiff’s civil rights pleading was 150 pages and described by a federal judge as “inept”. Nevertheless, it was held “Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff’s Pleadings without regard to technicalities.
6.Introduction.This motion is being brought forth as a as applied challenge to the constitutionality of the sex offender registration and notification laws or Megan’s law (CA Penal Code § 290, Sex Offender Registration Act) and to 42 USC § 16913 as applied to me.
I am the plaintiff in this case. I am a United States citizen who resides in Sacramento, CA.
I am a non-violent, non-contact first time ex-offender from a incident that occurred over a decade ago. There was never any physical contact between myself and any victim. I completed my prison sentence and parole supervision without any incidents or violations despite all the obstacles and conditions of parole that were placed on me because of the sex offender designation. I have been arrest free and a completely law abiding citizen since my release. I do not pose any cognizable risk to the public. I was already severely punished for my offense and have been subjected to intensive monitoring and supervision while on parole. I should not be subjected to these registration and notification laws that involve consequences that are severely detrimental to so many aspects of my life.
Governments have an obligation to protect people and take appropriate steps to safeguard the lives of those within its jurisdiction to protect them from violence. One element of that duty is to take measures to deter and prevent crime. They must do so, however, within a human rights framework, which places restrictions on those measures that infringe on the human rights guaranteed to all. A person’s conviction of a crime does not extinguish his or her claim to just treatment at the hands of government.
American policies regarding sex offenders mark them as a special category of criminals for whom no stigma is too crippling, no regulations are too restrictive, and no penalty is too severe. This attitude, driven by fear and outrage, is fundamentally irrational, and so are its results, which make little sense in terms of justice or public safety.
Sex offender laws interfere with a panoply of protected rights: the rights to privacy, to family and home, to freedom of movement and liberty (including the right to work and to reside where one chooses ), and to physical safety and integrity (including protection from harm by private as well as public actors), while not achieving any legitimate legislative objectives. None of these rights are absolute, but laws that infringe upon them must be necessary to serve a legitimate public interest and they must be rational and evidence-based. It is important to recognize that constitutional protections must be afforded to all regardless of the public having a perception of certain classes having a pariah reputation. The government cannot allow rights to be taken away arbitrarily “based solely upon the category of the crime for which the offender is found guilty.”
7.Issues.
(1) The sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) and 42 USC § 16913 violate my constitutionally protected liberty interest in my reputation which is protected under the federal due process clause in the Fifth and Fourteenth Amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel”.
(2) The sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) and 42 USC § 16913 violates the equal protection clause of the Fourteenth amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel”
(3) Sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) and 42 USC § 16913 violate my constitutionally protected liberty interests by infringing on my freedom of movement and my freedom of association which is protected under the Fifth and Fourteenth amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel”
(4) Sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) and 42 USC § 16913 violate my constitutionally protected right to liberty and to be free from unreasonable, arbitrary and oppressive official actions, which is protected under the Fifth and Fourteenth amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel”
(5) The sex offender registration and notification laws (CA Penal Code § 290, Sex Offender Registration Act) and 42 USC § 16913 violate my constitutionally protected right to procedural due process which is protected under the federal due process clause in the Fifth and Fourteenth Amendment of the United States Constitution and the California Constitution’s Article I, Section 7 on “due process, equal protection and the right to travel” with an irrefutable presumption of future offending that is universally untrue and which provides no meaningful process to determine such facts.
***please refrain from posting large amounts of text. It is redundant and makes it difficult to navigate the comments section. May we suggest that in the future you either (a) either link to this comment or (b) set up your own web site to keep this information, and link to it when appropriate. Thanks for your understanding. Moderator***
http://www.tmz.com/2016/10/24/redskins-coach-ben-kotwica-pees-in-gatorade-cup-sideline-detroit/
So I saw this story on the web a couple of days ago. How many of us have had our lives ruined for just such behavior? I want to make it clear, I do NOT want this guy to be subjected to the humiliation and degradation of the registry, but take a few moments to read the comments. They are, by a large margin, appalled THAT ANYONE IS MAKING A BIG DEAL ABOUT THIS! Some laughingly suggest he didn’t wash his hands afterward, while others mocked the dimensions of his unit. No one seems to realize that there are people doing life on the registry for this very same action. No one is demanding he be banned from international travel, or barricaded from his kids’ school. No one is screaming he should be forced to hide in his home on Halloween night, or be forbidden from residing within X-feet of a school or park. One comment alluded to the fact that this person is now a “sex offender,” albeit an uncharged one (at least at this point). I suppose if John Walsh or someone of his ilk saw this, that might change. According to some stories on this, and some of the comments, minors were present and were able to see the ‘horrific’ sight. That would clearly put this person on the IML no-fly list for life, as his crime was against a minor. So where is the uproar? The indignation? The pitchforks and torches? And now we find out that this behavior “Happens all the time” at pro football games. No kidding! anyone who ever played could have told ya that. So when is this behavior criminal, and when is it part of the “sports culture?” Peeing on the sidelines of an NFL game in front of a 100,000 fans and the millions and millions at home is okay, but behind a shrub on the I-405 is 314 PC? I think I need to correct myself on my earlier comment. I DO want this guy to be charged with a sex crime and put on a registry. Maybe THAT will wake up this F’ed up country about the stupidity, the randomness and the arbitrary application of these laws against its citizens.
I am working on a bill of attainder claim as well which will include all the onerous reporting requirements for the IML, as well as all the different reporting requirements of all the different states and jurisdictions, the thirteen different times I have to register and have contact with police in this state simply because I am attending college…and whatever else I can think of or is contributed by others…
and lets not forget the following….
This court has jurisdiction because of the sex offender registration contractual agreement, that I was and am forced into through coercion and under duress with threat of imprisonment against my own volition, between the state of California and myself.
Statement of the case;
The defendants are knowingly and willfully misrepresenting the facts and empirical evidence with blatent disregard for the truth with statements of facts that they know or should have known are universally untrue in order to deprive me of my constitutional rights under color of law.
duress: “Any unlawful threat or coercion used by a person to induce another to act (or to refrain from acting) in a manner he or she otherwise would not (or would). Subjecting person to improper pressure which overcomes his will and coerces him to comply with demand to which he would not yield if acting as free agent. Head v. Gadsden Civil Service Bd., Ala.Civ.App., 389 So.2d 516, 519. Application of such pressure or constraint as compels man to go against his will, and takes away his free agency, destroying power of refusing to comply with unjust demands of another. Haumont v. Security State Bank, 220 Neb. 809, 374 N.W.2d 2,6.
…
A contract entered into under duress by physical compulsion is void. Also, if a party’s manifestation of assent to a contract is induced by an improper threat by the other party that leaves the victim no reasonable alternative, the contract is voidable by the victim. Restatement, Second, Contracts §§174, 175.
I have a couple of questions about the green notices. 1. Is there a process to find out what was sent to a foreign country that triggered an RC being returned. 2. Is there a way to discover for what reason or reasons the notice was sent in the first place.
I have read different articles that seem to suggest that there is more to the notice being sent than just the conviction. Also the time when I was returned via plane, I spent little time in secondary, but was asked if or when was the last time that I had been in the Philippines. The answer was never but I thought that to be strange. He did not elaborate and I did not ask as I just wanted out of secondary, after being returned.
I have a question about domestic travel. Does traveling jeopardize the 10 year residency requirement needed to apply for a COR in CA?