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.”
Was informed today by my probation officer, Michigan State Police sent out letters on or around February 3rd, in regards to the enforcement of the 2021 Michigan new SOR law. MSP will strictly be enforcing the new law immediately, no more leniency due to COVID. If you Fail to follow the new time frames of registration, including verification of address, employment, internet identifiers, phone numbers, etc… even by 1 day, you will be prosecuted to the fullest.. Kind of funny this is now happening, 1 day after Michigan ACLU filed the Does III lawsuit. Be careful everyone… the state is doing everything to get this new lawsuit thrown out
Man I really appreciate Much ACLU !!!!!
Well Michigan, has anyone read the “court rules” that have been adopted by the judge for motions, briefs, etc?? I don’t believe ANY of the current submitted meet them. 30 lines in Toto of footnotes allowed?? Specific statement requirements to. The well thought out and in depth motions sound like they’re already getting chopped at the knees! Can anyone expand on, thoughts?
I mailed A letter to Ron Johnson WI(R) suggesting he put it to his bunch to bring the attention to the Senate floor the work of Miriam Ackerman for her stout efforts in MI, and on exposing the blatant lack of constitutional boundaries concerning gov use of ex post facto language in lais and the uses of government database. The gov database & sex offender are forever two topics inextricably linked constitutionally, precisely because of the choices of leadership impacting liberty through law making and the resulting SCOTUS 2003 decisions on the issue described as a regulatory regime. In marrying the two, offenders have zero culpability.
The tortured history of these events (1,2,3)are of concern to all freedom loving Americans, because the system has been bent in favor of electronic surveillance and collection culture first justified by it’s use upon the sex offenders. The commoditization of personal information is an explicit threat to individual sovereignty, and by extension, a serious threat to state and national sovereignty.
Ms. Ackerman has displayed her courage and appreciation for the duty to confront the factual congressional use of of prohibited language in law making. In summation, Ackerman has displayed both the resolve for adherence and the constitutional reverence it takes to be seated on SCOTUS!
Can you imagine her describing her actions on the US Senate floor?
She could do a tutorial for Senators on “How to identify ex post fact laws.” Part A. On its face, Part B. As Applied.
I have zero real expectations, and Johnson has no real way to nominate, that is the duty of another, however his vote is in confirmation…. or not. Btw, I didn’t vote for him.
The next step is to arrest law makers for passing unconstitutional laws. That go against our Constitution. You get voted in to office and just pass laws. But don’t know the Constitution. People need to ask this question. Before you vote for a person. Passing laws on emotions is a fools way to get back in office again. Yes the money is great. But the Constitution forbid any unconstitutional laws to be made. It is Treason!!!!
Hey Everyone, I just got an email back from Tim @the ACLU, I asked how the rules that Judge Goldsmith adopted, will effect the case. Well as usual he was really no help but this is what he said has short and sweet. I am unsure how this will or will not effect our case. That was his response to me. Does anyone have a response to his response.
This is great news . I can’t wait until next march for D.C. March on supreme Court .I am not the type of person to go to any March but my wife and 6 now adult children want to let them see how much the registry has hurt as all .Cruel and unusual punishment would not even scratch the surface of pain the registry has caused them. Been on register since March 2001my youngest wasn’t even born yet. We all need to step up and push back against this fear .
1000’s have VOID convictions and each and every one should file a 6.500 Motion along with affidavits to every LEO office in the State including Fed agencies.
www. SpeakAgainstTheCharges. com has a 6.500 Motion ( just denied by exceptionally corrupt judge Victoria A. Valentine in Oakland County Circuit Court which is so corrupt it is nauseating )
I’m working on getting a Resident Card for Mexico and leaving USA — I’d rather live surrounded by Mafiosos than MSP and corrupt Mich Judges / Prosecutors who belong in State then Fed prison
Another reason why the registry is dangerous… Got a phone call from (231) 238-3143, said he was from a sheriff’s office in Michigan. Told me I had a warrant for not showing up for a scheduled hearing to remove me from the registry… Then started asking me to pay over the phone to get removed. I hung up and called the sheriff’s office and found out I was the second one who called them. Obviously it’s a scammer, but wanted to let you know. He said his name was “Dept. Marks”
Hello everyone, I was just wondering, if anyone knew if the State responded, to the ACLU’S lawsuit yet. I know they were suppose to respond to my today, unless they asked for extra time. Those of you that have PACER, did you by chance check it today to see if that State responded yet. If anyone has an update, can you please let the rest of know please. Thank you in advance.
Hi Guys, for those of you that missed my question earlier today, does anyone know if Michigan responded to the ACLU’S lawsuit yet, or did the State ask for an extension. Just wondering where everything stands as soon f now. Thanks in advance.
Ok – so the latest from Pacer on the case is a notice from the defendants. They are seeking to lump the case with others AND have the case moved to Judge Cleland AGAIN. An excerpt below.
“Judge Cleland presided over Does I and II, which started in 2012, almost a decade ago. He is obviously very familiar with the issues, and it would promote docket efficiency if the case were reassigned to him”
@Michigan – There is a motion to dismiss the Oliver Group’s lawsuit before Cleland currently. He has STAYED the Oliver Group’s response to that motion, pending further direction from the court. Not sure what that means or what is going on, but I have a feeling that it has to do with the ACLU case before Goldsmith and what may happen with the class counsel and if that case will be transferred to Cleland.
FYI update.
After 193 comments can I comment and I’m sure many won’t understand my comment. Of course inquiring minds want to know. Talk about a tabloid Esquire or is that enquirer. lol.. It seems to me someone wants a bit of compensation out of all this going to court for gain. So how is justice gained?
Now I’m sure their are a lot of smart thinkers on here after all many got sent to prison, many got probation, many are still seeking some relief. Yes its always nice to have ACLU or a Constitutional Lawyer and a few good men and women standing up for many on this sex registry but where does it all end in this battle. Yes justice has to take its course but at times one has to put one in remembrance of law and order. Is all this registry a two way or three way street where the bad guys win or who seeks true justice in a win win situation. Is it differences in States their laws or how they control their justice or is it some … Act…. instead of actions.. Yes for every action their is a reaction at times good and at times bad or do some just bite the bullet and press on.
Sure I’m glad some states are seeing the errors in many ways in government but the thing about errors is we all do them as in judgements and mistakes. Even
labeling someone is a bit of a gossip column and of itself.
@Michigan, Hi just curious but has anyone heard, if there has been anymore movement in the case. I know the courts move slow, and everything,but I was hoping this case, would move a little quicker considering, we won all are other cases, and this should be another open and shut case. Thanks to everyone in advance.
kenmagee88@gmail.com
You are allowed to get tazered from police up to 12 times 6 tazer guns each from police and their registration unit a law deemed appropriate from 2017 incident and you can’t use pepper spray vs. the state of Michigan and a unconstitutional amendments misdemeanor with a unconstitutional breathalyzer monitoring device while the courts take advantage of probationers active retro punishment while Russia committed war crimes in Ukraine and a nuclear armigeddon defend your grills and for the state of Michigan to take away your rights as an American and your second amendment gun rights to fight
Everyone – it appears in the cases before Goldsmith there is a video conference scheduled for 4/8 and with the case before Cleland there is a video conference scheduled for 4/12. No other movement on Pacer to report. I’ll keep you posted.
Can anyone recommend help to file a petition for removal from the registry. I’m not very good when it comes to legal terms and would like to find a lawyer that actually wants to help. I’m in the Berrien county area.
Why do I feel this has just turned into a money grab for lawyers and certain “non profit organizations”?
Been on almost 20 years… My life still a struggle just to make ends meet. Nobody REALLY cares.
Hello Everyone, I was just wondering if everyone got this email from Tim from Michigan’s ACLU, and if not or you haven’t seen it yet, I thought I would share it with you all, and get your thoughts on it. Here it is:. Update from the litigation team
We are pleased to let everyone know that Judge Goldsmith has certified the class in Does III. That means that everyone who is on Michigan’s sex offender registry is automatically part of the case. You do not need to do anything to be part of the case. The decisions in the case will automatically apply to you. The Does III litigation team has been appointed class counsel.
In addition to certifying a class of all registrants, the Court certified several sub-classes. Decisions about a subclass will automatically apply to all registrants who meet the definition for the subclass. You may or may not be in a subclass, and you could be in more than one subclass. The subclasses have specific legal claims that apply to them. The subclasses are:
Pre-2011 ex post facto subclass: people required to register based on offenses from before July 1, 2011.
Retroactive extension of registration subclass: people who were retroactively required to register for life.
Barred from petitioning subclass: people who have been on the registry 10 years and meet certain criteria for petitioning but cannot petition for removal after 10 years (usually because they are Tier II or III registrants, or are juveniles).
Non-sex-offense subclass: people who are the registry but did not commit a sex offense.
Plea bargain subclass: people who pled guilty and were retroactively subjected to SORA even though it didn’t exist at the time of their plea, and people whose registration terms were extend beyond those in effect at the time of the plea.
Post-2011 subclass: people required to register based on offenses on or after July 1, 2011.
The exact legal definitions of the subclasses—which is what determines whether you are part of a subclass—are in the attached order.
This is a big step forward in the case. The next step will be more briefing about the merits of our claims.
Does the subclasses mean separate rulings for each?
I wish some Organization would keep suing texas until they give everyone that excepted a plea deal agreement an opportunity to get off this damn Registration
About a month ago I went in to register and I was informed that there was a warrant for my arrest. They weren’t holding people because of Covid so they let me go. I went to the county sheriff to take care of the warrant and found out that on 10/2020 I was charged with failure to register. I scheduled a meeting with my public defender and I brought up both the Cleland ruling and the Betts ruling and he stated that it doesn’t matter. Basically said that the rulings didn’t eliminate you from being charged and/or convicted for failure to register. I guess null and void and unconstitutional mean nothing in the great Barry county. My registrable offense was in 99.
Here’s a new one this morning?
41
May 31, 2022
Main Doc
Motion – Free
I have no idea?