MI: ACLU Sues State Officials for the Fourth Time over Unconstitutional Michigan Sex Offender Registration Act

Source: aclumich.org 2/2/22

Civil rights organization says it’s unconstitutional to label people for life without individual review 
DETROIT – Today the American Civil Liberties Union of Michigan (ACLU), on behalf of 10 people who all previously won federal court rulings that Michigan’s Sex Offenders Registration Act (SORA) is unconstitutional, filed a federal class action lawsuit against state officials over the latest version of the law. It is the fourth federal lawsuit the civil rights organization has filed challenging SORA in the past decade. The federal courts and the Michigan Supreme Court have repeatedly ruled that the earlier iteration of SORA was unconstitutional. 

Today’s lawsuit, Does v. Whitmer, or Does III, filed in U.S. District Court, argues that the new SORA statute, which went into effect in 2021, is also unconstitutional. Specifically, SORA fails to provide for individual review or an opportunity for removal, forcing tens of thousands of people, including people who didn’t even commit a sex offense, to be branded as sex offenders and subjected to extensive, and in most cases life-long restrictions, without any consideration of their individual circumstances, which is a violation of their due process and equal protection rights. The 193-page complaint also argues that SORA imposes unconstitutional retroactive punishment, including by retroactively extending the registration terms of thousands of people to life.

Michigan has one of the largest registries in the country; there are approximately 45,000 Michigan registrants, and almost 10,000 more who live out of state.  

“For nearly a decade, we have been fighting to put an end to an ineffective, bloated and unconstitutional registry that not only fails to protect survivors, but in fact makes families and communities less safe,” said Miriam Aukerman, ACLU of Michigan senior staff attorney. “The latest version of SORA is more of the same, and still puts tens of thousands of people on this list automatically without any consideration of their individual circumstances. What we’re asking for is very simple: consider the facts in each case before someone is tarred as a sex offender for life. Dying shouldn’t be the only way a person can get off the registry.” 

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This one from pacer monitor;

Thursday, April 24, 2025
184
misc Errata Sheet Thu 04/24 9:27 AM 
ERRATA Sheet re:180 Notice of Appeal filed by Gretchen Whitmer, James Grady,172 Judgment,177 Judgment. by James Grady, Gretchen Whitmer Amended Notice of Appeal (Jamison, Eric)

it’s numbered 184 so I added it,
and thank you @ MC for helping LG

Last edited 21 days ago by Dr.

We listened to the motion hearing on the phone this morning regarding the current case about the state requesting a stay there was no decision made,The state had very little argument, Marium Ackerman did extremely well I thought, they were talking about other forms of checking out people and the judge said it might be helpful to submit supplemental briefs to see what the other options are other than what the registry has on the Internet, which are due on Monday the parties both agreed to that, this is my opinion it sounded pretty good, Has anybody else listened to it, would like to hear your opinions?

Do we know the results of the motion from this morning?

well at least it’s still moving;

185
Apr 30, 2025
Main Doc
Withdrawal of Attorney

And another one;

186
Apr 30, 2025
Main Doc
Order

more paperwork; Court Listener link

187
May 1, 2025
Main Doc
Order on Motion to Withdraw as Attorney

Does anyone have the information to call in to listen on Monday?

Sorry you can’t watch it, but you can read it;

188
May 5, 2025
Main Doc
Supplemental Brief

And Aclu amendment;

189
May 5, 2025
Main Doc
Supplemental 

Here is the pacer monitor version; Court Listener link
189  23 pgs respm Supplemental Brief Mon 05/05 10:30 PM 
SUPPLEMENTAL BRIEF re186 Order, Set Motion and R&R Deadlines/Hearings Plaintiffs’ Supplemental Brief in Opposition to Defendants’ Motion for Stay filed by All Plaintiffs. (Aukerman, Miriam)Att: 1  Index of Exhibits,Att: 2   Exhibit 1 – Guzman Declaration,Att: 3   Exhibit 2 – Kardasz MSP amicus brief (excerpts)188   respm Supplemental Brief Mon 05/05 3:29 PM 
SUPPLEMENTAL BRIEF re186 Order, Set Motion and R&R Deadlines/Hearings Defendants’ Supplemental Brief in Support of Its Motion to Stay Judgment on Counts I, II, and XI Pending Appeal filed by James Grady, Gretchen Whitmer. (Jamison, Eric)

Just wanted to give update on SORA check-in. Went to Oak Park MSP to check in this morning. I’m Pre-2011 and the process took less then a minute. I gave him my license, he typed it in, he asked if my address was the same, I said yes, he said “Sir” can you sign here ( which I did) and said Thank You, have a nice day , which I replied you also , I then walked out. My sense was ( there is change coming)

Could someone help me understand the timeline here if the stay is not granted? When would letters need to go out and when would removal take place for prior 2011?

This correction amendment was just added;
Court Listener link
190   trial Exhibit Tue 05/06 11:54 AM 
EXHIBIT 1 to Plaintiffs’ Supplemental Brief in Opposition to Defendants’ Motion for Stay (CORRECTED) re189 Supplemental Brief, by All Plaintiffs (Aukerman, Miriam)

just trying to help,,,😎
and to the moderators and supporters of this website, the only one I will have any interaction with,,,, Thank you.

And here’s court listener update;

190 May 6, 2025 EXHIBIT 1 to Plaintiffs’ Supplemental Brief in Opposition to Defendants’ Motion for Stay (CORRECTED) re 189 Supplemental Brief, by All Plaintiffs (Aukerman, Miriam) (Entered: 05/06/2025) Main Doc

Heres a thought. How long think people would remain on the registry if the state was required to issue monetary payments to all registrants on registry until they are removed. For punitive damages, and restrictions to liberty and housing, and would have cover all medical bills?

We looked on Court Listener and all we could find was today’s date and it said main docket Appearance not sure if this was from the judge,the state,or the ACLU any updates or opinions would be appreciated thank you

For those that help;

Docket last updated: 7 hours ago Thursday, May 15, 2025 191 notice Appearance Thu 05/15 2:51 PM 
NOTICE of Appearance by Bonsitu A. Kitaba on behalf of Mary Doe, John Doe A, John Doe B, John Doe C, John Doe D, John Doe E, John Doe G, John Doe H, Mary Roe. (Kitaba, Bonsitu)
See also Court Listener

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