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PA: U.S. Supreme Court denies appeal of sex offender decision

The U.S. Supreme Court will not hear a challenge to a recent state court ruling that determined part of Pennsylvania’s sex offender registration law was unconstitutional. Full Article

Related

https://floridaactioncommittee.org/scotus-refuses-to-hear-pa-case-that-found-sex-offender-registry-punishment/

http://www.pacourts.us/assets/opinions/Supreme/out/J-121B-2016oajc%20-%2010317692521317667.pdf

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I’ve been registered now for almost 18yrs. I have reached my minimum 10yrs on the registry in the state where I reside so I’ve started the process to petition to be removed from the SOR in my state. If all goes well I may be off as early as late March or early April of 2018. I know I’ll be more than thrilled to be off the official sites and out from under all the restrictions imposed on me. But what about all the extortion sites on the internet? This looks like a golden opportunity for those in PA to… Read more »

It is defamation according to an attorney I spoke with.

….

Quick question I am pretty sure I know the answer to, but just double checking. Are the removals being done at the individual barracks or centrally in Harrisburg? I am guessing its the latter with something as important as this.

The PA Megans Law Unit in Harrisburg will do it.

I am thinking of 3rd party websites as well. Sue them if your name is on them after the registery psp site is back up lol. Thats what i will be doing without any attorney cause it would be a clear cut cases.

Hey @Jim, just some advice, if you dont plan on committing another crime ever, then why does it matter if they have your DNA on file?

True. And I do not plan on committing any crimes…

After what these dirty bastards have put me through- why should I let them have it for free?

I didn’t submit to their unlawful application of Sorna to me since 2012, so I guess i dont want to lay down to the unlawful taking of my DNA either.

I would think someone would be smart enough to want their DNA gone because someone could easily plant your DNA at a crime scene or use it to find pre disposed gen traits that may be used against you as tech progresses and laws regress

It’s a national database. I don’t think they keep vials of blood hanging around. Do you realize how big the facility would need to be, plus the power redundancy to keep the place up and running in case of a lengthy power outage? After sequencing the DNA, they no longer need the blood. That being said, I have to agree with the DNA issue should about privacy — something that is protected by the Constitution of the Commonwealth of Pennsylvania. Think any futuristic movie where an oligarchy rules. Information is power, and if they know everything about you, they have… Read more »

@WRFL: Do you want your DNA on file for no legal or justifiable reason? The statement behind your words is one of the most dangerous statements that gets used anytime there’s a “good reason” for infringing upon someone’s rights. “Well, if you’re not doing anything wrong, why would you care?” To which I, and many others before me, ask, “if you’re not doing anything wrong, why do you have a door on your bathroom?” Like Jim17, I don’t want or like anyone–especially the government–knowing anything about me unless absolutely necessary. It’s not about whether or not he (or I or… Read more »

@AJ, I have always liked you and so does my husband, so these discussion are good food for thought. DNA, my husband would like to remind you of a place called the hospital, way back when you were born. You may not remember this, but they pricked his arm, your arm, any ones arm to obtain something called blood. At that moment, they have your blood on record. Always have and always will. They may not talk about it, but they do. Is it legal, nope, but is the government always doing legal things to obtain information from people. In… Read more »

If the glove don’t fit you must acquit ! Do you realize the liability a person has with their DNA on file, especially with the technology coming in the future? If someone has the chance to get it out of their hands do it however who knows if it can be removed from the matrix NSA FBI prob not

@WRFL: if you dont commit anymore crime ever then truely why does it matter. —– Then let’s just get everyone’s DNA right now, because unless they commit a crime, what does it matter? ===== Based on when and where I was born (hint: I have a smallpox-vaccine scar on my shoulder), I seriously doubt my DNA was cataloged and uniquely identified as mine. Were there routine screenings done for disorders and such? Of course. That in no way validates taking one’s DNA via an unconstitutional scheme anytime later in life. But even if one accepts DNA was taken at birth… Read more »

That is true. Genetic testing on newborns for a panel of some 28 to 54 different genetic conditions and diseases started in the 1960s. It’s mandated by the government. Apparently some states store the DNA indefinitely. The question is, which states store DNA anonymously/require DNA to be destroyed, and which do not?

Check your state here:
http://www.cchfreedom.org/files/files/2016%20Newborn%20Retention%20All%2050%20States.pdf

It used to be 3 months in PA, but changed to 8 months in 2010.

[I found some of the above info here: http://www.cchfreedom.org/issue.php/14%5D

Well you could be from out of the country and have a scar from a BCG vaccination from any time so you can’t determine anything about how old you are and what country you’re from. As far as if you were born in the US you may have a scar from small pox vac if you were born prior to 1972 however I was born 1970 and do not have one but my friends a grade ahed of me 1969 did so you can’t be sure.

Michael, I don’t think that the biological samples are kept as there would be no need. The DNA sequences are stored as data, A, C, T’s and G’s (the nucleotides) which get turned into ones-and-zeros. They can be transferred in milliseconds over networks with no leakage 🙂

@David Kennerly’s Spectral Evidence

According to the link, it is in most state ands from anywhere between 1 month to as long as indefinitely. I am just not completely clear on what it is they keep — an actual specimen or just the DNA sequencing data.

….

Michael, there really is no need for them to keep the biological sample since the point of DNA collection is to sequence and store it as data. It’s simply another computer file that can be transferred, copied, pasted, emailed, etc. with ease.

Well said, AJ. Deeply intrusive surveillance and tracking of our whereabouts and behavior, and the cataloging and warehousing of data about us and about our associations, transactions, and communications has become so pervasive in modern society that more and more people simply accept it as inevitable, or they view it as part of the social compact. Most even assist the collection of data about themselves by participating in non-anonymous social media, in which they disclose to the world their most intimate thoughts, preferences, and even activities. The government should have to fully justify every intrusion into any individual’s privacy. Taking… Read more »

Think people!! It is not just your DNA, but your family’s DNA for generations in the future and from the past. It is used to ID family members once it is in databases for whatever reason(s) where it does not have to be 100% match, but close enough to determine you are a relative. You don’t ever have to commit a crime initially or ever again, but once it is in the system, it is there until there is a reason to have it removed. You are given due process rights in this country for a reason where in other… Read more »

A relative’s DNA is how LAPD got a lead on, and eventually ID’d, the Grim Sleeper serial killer.
http://www.latimes.com/local/lanow/la-me-familial-dna-20161023-snap-story.html

Thanks @AJ for that exclamation point on the DNA topic. Well played there and maybe on VP too.

As David Kennerly just said LEA/Os will not give up the DNA on file easily or at all if they have their way.

@ Sure enough you have a damn good point , but most of us that did time here in CA had to give a sample if they was an alleged SO . telling us it was a good thing because if a sex crime is done and there is DNA then they wont have to investigate you , I said what if I don’t take it ? they said they would put me in the hole and loose good time lol , all of a sudden it seemed like a great idea , of course your right , again I… Read more »

In a word, eugenics.

Any reports from this morning’s senate judiciary hearing?

They voted for the bill to be passed but, have not yet signed it and now into a break recesse.

Here is the live feed. You cant hit rewind. But, after their lunch break they will come back on.

http://streams.pasenategop.com/Videofeeds.html?feed=NOB|title=Senate%20Judiciary%20Committee|desc=Public%20Hearing%20to%20consider%20nominations%20and%20House%20Bill%201952

Rewind is not working what did PSP say? Did Aaron speak?

About the removal. The psp just read what the bill say. Nothing much further. They are going to move forward with the bill. They are on their lunch break right now. So as for the major concerns includes child custody to be removed from the registery. They want all violent offenders to remain on the registery and kick off pre sorna that has completed their 10 year original sentencing. Also they talked about lowering the cost of the registry. They say the bill is NOT punitive and or punishment. Its only to keep awareness for the community and give a… Read more »

I’m only asking for someone to repeat what PSP had to say anyone Know? Not what the bill says or anything else Thanks

I have to say I have been treated very well and professionally by the psp. I can’t speak for others but they have never made me feel like scum or a scourge because of my offense. My dad was a police officer and so much of the news today is about bad things cops do. I just wanted to give a brief positive comment about our state police. They don’t make the laws. The fight is with legislature. Speaking of which, while not perfect this bill is a step. Maybe a small step but every journey begins with one step.… Read more »

The next step is for the AG and PSP to make an official statement with the detailed plan of when how and who they will be removing from the reg, They have known for months this was going to happen They have a duty to tell us now People are going to flood the courts if they do not get info the smoke and mirror show is over. There are 4000 people due to come off reg now per Muniz and this new bill. The new bill can not keep these people on so they need to explain how this… Read more »

——- I have to say I have been treated very well and professionally by the psp. I can’t speak for others but they have never made me feel like scum or a scourge because of my offense. ——- You are fortunate. I had a different experience in the late ’90’s in Dallas. Whenever I showed up for registration, never at a time of my choosing or convenience, but at the time designated by the Dallas Police Dept., I was routinely told to take a seat with the other baby rapers until my name was called. To say that it was… Read more »

As promised, this is the letter that was sent to PSP leader as well as the General Council for the PSP,John Joseph Herman. There were a couple of enclosures that are self explanatory. A follow up email was sent to John Joseph Herman to move the process along after no action was taken after 6 days. Two days later I was removed. CERTIFIED MAIL RETURN RECEIPT REQUESTED Sergeant Orvin Rowles Commander, Pennsylvania State Police Bureau of Records and Identification Megan’s Law Section 1800 Elmerton Avenue Harrisburg Pa. 17110 RE: Cease and Desist Request Registrant – First Middle Last B/O/B: MM/DD/YYYY… Read more »

I just watched the hearing I have to say Aaron did his best to try to educate these hacks but most of them seem to have no concept of reality and have no common sense they make Chuck look smart. PSP said nothing on a plan or time line to remove the 3-5 K people due relief now. I believe a class action for PSP to shut site down is in order for all pre SORNA people until they can do their determination and to be exempt from new bill reg until determination is complete. We could get an injunction… Read more »

Paul 2, i understand what your saying. The thing about the live feed today. But, im only repeating in brief what they said. They discussed the bill and agreed to it. Other concerns were talks about but unrelated to us as far as who in names were called to be taking off. They only stated what the bill was in general all together. Nothing new that we have never heard of before. Its the repeat of what the bill said. Nothing in specific individuals. So if your looking for that yourself then you are going to have to wait. I… Read more »

Dude this is going over your head I was asking if PSP stated a plan to remove the 3-5k people that have finished their 10yrs nothing else why would I think you would know answers to something else just was asking if PSP addressed that issue. Take your skittles. I found a link to vid and got my answer.

Take your skittles.
—–
And yet I’m told I’m being condescending…

Sounds like you’re the one having the temper tantrum lol You should actually spend some time understanding what your trying to read before you comment some dumb and dumber crap to someone. Its not my fault you can’t understand what your trying to read is it? I am not trying to get an answer on my case I am trying to get an answer or statement from PSP on how they are moving forward with the 3-5k people that Muniz and the new Bill (that is not active yet until the gov signs it) keeps off the reg. Please try… Read more »

Ibid.

I disagree. I’m in same boat as all the other 10 year RCs that’s time had expired. My lawyer wrote s letter with appropriate docs attached and I am off the list. Based on the stats (22,073 at the start of last week and 22,023 as of this morning) I would say that fighting works and it was well worth the $1500 I paid.

It’s also clear that there is NO review in progress.

Mike I am happy we have some people on here able to comprehend things like you. I hope you will get involved with PARSOL you would be a good asset to the fight I understand you are off the reg but hope you will stay involved thanks for your in put.

Thanks Mike for your help good luck with the extortionist web sites

@Mike S
How long did it take you to be removed after filing, just wandering because my wife wants to get an attorney?

Paul, I am here to stay and do what I can. I am in the process of tackling all of the BS websites that have been publishing our pictures and information. I was surprised to see that many of them are registered overseas but I am working with their hosting providers to force them to remove my data. I will update you on this as the weeks move on but it is another hard road ahead. Brian, It took a week from the time that PSP received letter with a follow up to the PSP general council. Make sure you… Read more »

Guessit. I understand your position here but i have to firmly disagree. In 2012 when sorna was inacted the psp waisted no time in reclassifying almost ever single registrant on the list. Letters were sent out the same week and classifications were changed immediately. To undo what they changed should be no different. They have known this change was coming for 7 months now. And since scotus denied appeals last month , keeping any presorna registrants on the list that have completed thier 10 year original registration period is flat out unconstitutional and illegal. And i would urge anyone who… Read more »

Justice PSP has shown even at the most recent hearing they need to have no accountability to respond to the PASC upgrading people to longer reg time and condition is something they wanted to do hence their fast reaction time. Taking people off the reg is entirely a different story. We just have to look at their track record to prove this point. I get being patient Hope we get some good advice in the up coming phone conference with NARSOL but if someone has the resources to have an attorney send a letter to PSP or file a writ… Read more »

Paul that is my point though. People should not just sit back and wait. Flood the courts with ceas and desist orders. Make them make the changes now. People do not deserve to wait any longer

Cool I got you I hope someone gets through to the head of ML section for an official statement.

The Senate Passed tbe House Bill 1952. Wolf still needs to sign it. And then it needs a start date and everyone needs to receive there letter it will take months.

The start date is the day he signs it

@paul2

Only if the law is written to start on the day of signature. Is it written that way or is there another start date as written in the law?

It is says effective immediately last page

WRFL the bill has only had one vote and is still in appropriations once it gets out I believe it needs two more votes on separate days before it goes to Wolf

Ok i had re read your comment paul 2. I took it wrong in reading it. It was just a miscommunication in my own reading of your post. My bad bud. I was wrong. Please scratch out my comment. Thank you for letting me know and i apologize.

Thanks Guessit I respect that We need to come together on this and get signed up with PARSOL

Here is a statement made by PA Senate judiciary chair who created original ML I think this could be used in future challenges to the SO Laws. What do you think?
“I was a sponsor of the Pennsylvania Megan’s Law … and I’d like to note that the original intent in all of this was to apply it to the sexually violent offenders,” said Greenleaf, chairman of the Judiciary Committee. Under Pennsylvania SORNA, just one in 10 registrants was deemed a sexually violent predator.

What’s the latest on how the new sex offender laws will be different in PA and who is being kept on “the list”? If their version of SORNA is considered punitive, then while “ex post facto” only applies to pre 2012 registrants, it still open up a ton of legal challenges for those post 2012 on the registry. It’s a violation of Substantive Due Process and Procedural Due Process when the “punitive” penalties aren’t a part of the trial and decided by the judge on a case by case basis. It’s a violation of Separation of Powers for legislature to… Read more »

Pretty much the same as ML 3 was now you will be able to phone in verify if your first year of registration went without a hitch. Also you will be able to petition for a judicial determination after 25yrs for removal from reg if you had no failure to comply or new crimes. I also saw that they do not publish your employers address and vehicle registration goes back to only ones registered or owned by the person no more ones that you drive. Those are the things I have seen so far. But I’m starting to see there… Read more »

Correction 3 yrs of no problems on reg will allow you to do updates still have to appear in person once per year. I took one of the senators word for it he lied had to look at bill again.

So everyone who won in court to enforce plea agreements back in 2012 when SORNA first arrived now have to comply with House Bill 1952. And if they didnt have to register under SORNA, now they have to register under House Bill 1952? Example Commonwealth V Nase. Won a enforce a plea agreement case back between 2012 and 2014 or 2015. Now he has to comply with House Bill 1952. So if my husband, and anyone else took a Plea Agreement to the old Megans Law 3. Doesnt matter if it was lifetime or 10 year registration, the new House… Read more »

Why would you even think this could happen? If you have a plea deal and it is in the guilty plea and sentencing paperwork or transcribed you can get removed the 10yr reg has to be in the record. People that have been taken of reg by order of the cost can’t be put back on what makes you think this?

My husband is being removed from SORNA, he won his enforcement of Plea Agreement. And won is habeas corpus petition in Lower Court.

He will be removed from SORNA.

However, he isnt against the new House Bill 1952 because it matches his old requirements.

But he is concerned if it legally applied to others who took plea agreements, and Megans Law 3 is the law to comply with.

He comes off SORNA.

WRFL There is no ML 3 they tailored the new bill to match it close. People that had a plea deal had their chance to file a writ to enforce it. The new law is going by the crime and the reg requirements in place under the law when the person committed the crime. So lets say someone has proof in their plea deal of 10yrs That will not stop them from putting that person on new law if their time has not expired not the plea deal time the time that was under the law at conviction. Once the… Read more »

Since many of the people on this site could see relief I dont think that it is out of place to keep updating you on my latest plight to remove myself from all extortion websites. I am keeping track of them and how I went about to be removed. Homefacts – sent email through there domain company and reported error on site. (I was removed in 24 hours sexoffenderatchive – would only accept an request from an attorney, used my lawyers info (with his permission) have not heard back Laws9 – this a person in china that has no correct… Read more »

Nice work Mike your the man I have had a facebook for a long time in my real name not sure why that happened. Thanks for the updates Do you think sending the letter without a lawyer and attached info like you had is worth doing?

Hey their illegally putting you online so hack their wedsite and remove yourself lol. No really they need to take us off, I still have my picture up on psp wedsite even thought they say I don’t have to register anymore, anyone know a good knolageable ml lawyer near Philadelphia, my wife has had it, she borrowed 10gs from my in laws , my in laws are very supportive of me in all this and they are tired of us having to suffer through this shitstorm.

yep. Tell Tony that Mike S sent you. Good guy and straight shooter. Got me off the registry last week!!

He consults with Aaron Marcus regularly and was the attorney that started the ball rolling with A.S. Vs Commonwealth which took away the BS two or more convictions gets you tier 3 or life.

Anthony J. Petrone
1717 Arch St, Philadelphia, PA 19103
Phone: (215) 569-1000

Brian make sure he knows you have a lot of people willing to join a class action too

Paul, what can it really hurt?? Make sure that send to General Council as well. And email him with a follow up and attach your letter. I have his cell phone number as well because he was on OOO and I got is OOO reply with Cell phone number. If you are not supposed to be on the list, the PSP has a duty to take you off and you need to tell them that. Its funny that while I was going through the process of dealing with all the bottom feeding extortionists, two of the web hosting companies told… Read more »

Mike that would be a fun conversation filling that report. Thanks Mike Looks like a class action is in the works Someone is saying $1000 per day to keep us up. Think about it it at least 90days until they can make anyone sign up on new bill so they have a duty to take all pre SORNA people off until they can make a determination they had plenty of time to do it already.

Does anyone know of a case that the person was forced on to SORNA because they were in jail at the time it was enacted but they got removed because they were not in jail for a SO and the court said if the person was not in jail for their original offense they could not force a person onto SORNA. I can’t remember the case name. There is a wired thing they are talking about now They said in the recent hearing that people that were in jail when SORNA was enacted they were put on SORNA. They didn’t… Read more »

Paul,

You are correct that it did not matter if you were on SO Probation or incarcerated on December 20 2012 or on probation, parole, or incarcerated for ANY other offense. If you had a prior sex offences that was outline in PA SORNA, you were put on the registry.

I don’t remember any specific case that granted someone on “regular” probation on 12/20/12 the ability to get off the registry. Sorry

Did Megans Law 2, have internet public notification?

When some one registered under Megans Law 2 did there information show up online for the public to see.

No not until 2004 only SVPs were on the internet

Has anyone noticed the count hasn’t moved at all today…up or down?

WantsOff
It hasn’t moved to no, it is every other day I’ve noticed.

Could be the storm today too

NARSOL has the conference at 7, they recommended to listen to that before throwing money to the lawyers.

SVDC -1

SVP -4

T1 -22
T2 -8
T3 -51

Total -86 = 21,988

Actually that is not the way the math works. They have been adding new people. So its a net reduction of 86. But probably closer to 100 or maybe more have been removed via Muniz is my estimate

Not sure how you can see who was added I posted the actual numbers I’m aware of that fact don’t see how you can estimate how many went on Also none of these people are part of the review proses PSP is talking about they haven’t even started it yet

Because I check several times a day. And I see the numbers go up by 5 or 6 and then go back down.

@Mike S
Was wandering if you were an out of state offender. Durring the NARSOL conference they stated psp put out of state offenders as priority for removal, I am an out of state offender so I have to make them aware that I am from out of state.

I was a federal case arrested while on vacation in another state and put on the registry for 10 years starting in 2005.

Brian we have a problem with people saying sit tight it going to cause people to be sucked into the new law that is stuck in appropriations that has no budget needs lawyers said that is strange only reason is they are trying to sneak in changes and pass it quick what if they take out the 90day thing. Each person needs to call PSP and ask if their case is on the list for review and how long the review will take, if they can not answer that direct question then you need to get an attorney ASAP Every… Read more »

Brian y would you have to make them aware if they are making it a priority to remove out of state people first?

@Paul Because it’s been 5 days I’m still on the registry, I’m impatient what else lol I believe thought I heard something that out of state offenders have to make them aware because there are so many SO’s on the reg, they have to sift through all of us so if their made aware of who I am then they can get to me sooner, so having the lawyer send a cease and desist letter or something I should get off sooner, I would of course bring up the class action lawsuit idea to the lawyer, patrone is a little… Read more »

Im out of state too and past the 10 year mark

As for me i need not to get an attorney and i will waite till psp takes me off. I undersrand completely of my own decisions and my point of understanding whats going on. the Committee unanimously voted to pass the bill on to the Appropriations Committee a few days ago. The bill has not been completely in effect. The Gov. Needs to sign it first before psp gets the paperwork in in full completed. I do not need to keep bugging psp every day or every other day. All they can say is waite and you will recieve a… Read more »

Some of us have wives and normal lives already. I think you’re missing the point Chuck We all know PSP will do what they need to do I do not think we need you constantly telling us that. Glad to hear you have decided on what you are doing god speed

Update on removing my info from the internet. I have to say, there are many trolls out there, but there is one less as of this morning. I have to give MAJOR props to beenverified for their proactive moves and for beenverified reaching out to me by phone and email to understand my plight and their insistence on protecting me “reputation”. I went on a email battle with sexoffenersp&y (spelling on purpose to remove any SEO help, but you get it) out of Africa and this morning I recieved the following email from Beenverified Dana, Feb 9, 10:47 AM EST:… Read more »

Nice work mike.

I asked this before but can’t find the reply, does anyone know of a good experienced ML attorney or attorneys that won’t rip SO’s off, I live near Philadelphia, someone mentioned
Samuel streton out of WestChester PA but he’s not listing as an ML lawyer.

He was Reeds lawyer argued at PASC there is a youtube vid of it ill try to find link him and Patrone are the best for ML Tell Chuck to stop posting BS he’s at it again

@Paul
Sorry I can’t control what others do lol, where is patrons office, I think I looked up a patron but may have been the wrong one. Thanks Paul.

He is in Philly he did the A.S. case

Anthony J Petrone
Address: 1717 Arch St, Philadelphia, PA 19103
Phone: (215) 569-1000

let us know what he has to say he’s one of the top SO guys around here

Casamento & Ratasiewicz are out your way. Joseph Ratasiewicz handled the Action in Mandamus in the Tommy Lee Jackson v. Commonwealth case [http://caselaw.findlaw.com/pa-commonwealth-court/1741285.html]. I had contacted them when I moved back to PA in July after local police showed up saying I failed to register although I knew I was not required. They’ll charge you $4,500.

….

The url to their website is http://candrlawfirm.com/. Or call them — 610-891-0180.

@Paul
Fist time I saw the video, that DA was DUMB he kept stumbling over his own words, he was very il prepared that’s for sure, was funny the justeses were making fun of him after the hearing lmfao, well I think I will be talking to Sam Struten then once I get ahold of him to see what he can to to push to have me removed, psp are dragging their feet and need to be pushed a little bit by a lawyer. I’ll keep people up to date.

Yea if I get off reg I’m sending him a baseball and a copy of article 1 section 1 and write thanks Curve ball DOBO on them both lol

Oh my God I could have argued for the Commonwealth better than that guy did..I actually almost felt sorry for him it was that pathetic

The PA Supreme Court is really starting to see this for what it is.

SO Laws on Parallel with 1930 Reich Nazi Citizenship Laws 1935 Reich Citizenship Nazi Law Mandates that all Jews Must Register with the Government. Any non compliance meant prison. All were photographed, fingerprinted, and biometric test done. A government issued ID card with JEW on it. Hitler told the German citizens that registering the Jews was for their protection. But soon other non Jewish people would have to register with the government. SOs are government registered Americans. Megans Law has breached the constitution. The founders said if there was ever a breach of the constitution it would mean the end… Read more »

Anyone notice the PSP page with SO numbers is not loading

It was loading for me up until about 45 minutes ago last I checked it. Let me try now

Loading just fine here

We need to do a class action and sue the PSP

There is a distinction in the law between simple mistakes for witch PSP officials are immune and purposeful conduct that violates constitutional rights for which they are not immune.

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