Federal judge says inmate attacked by other prisoners cannot sue corrections officers

Source: coloradopolitics.com 5/31/23 Emanuel Pittman failed to show corrections officials knew there was not just a risk of an attack, but a ‘substantial’ risk An incarcerated man, allegedly attacked by other prisoners because of his status as a sex offender, cannot sue corrections officials for failing to protect him, a federal judge ruled last month. Even though Emanuel Pittman reportedly told multiple prison officials that other inmates were threatening his life, U.S. Magistrate Judge Kristen L. Mix explained it was not enough that the defendants knew there was “merely” a…

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MI: Michigan sex offenders lose appeal to hold state officials liable for registry rules

Source: courthousenews.com 5/30/23 The Sixth Circuit on Tuesday ruled a class of registered sex offenders failed to establish supervisory liability against Michigan state officials for enforcement of unconstitutional registry laws. The group of anonymous plaintiffs went after current Governor Gretchen Whitmer and former Governor Rick Snyder, as well as Colonel Joseph Gaspar and Kriste Etue of the Michigan State Police, in their individual capacities and claimed they were liable for enforcement of the state’s Sex Offender Registration Act by lower-level law enforcement agencies. Two sets of amendments to SORA, passed…

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Sentencing child sex abusers: When the victim becomes the offender

Source: phys.org 5/30/23 Child sex abuse is one of the most heinous criminal offenses, so when a victim becomes an offender, it’s evidence of a system failure. When a ‘victim-offender’ is sentenced in court, a University of South Australia researcher is recommending judges acknowledge the offender’s early trauma, in conjunction with the consequences for the crime, in their sentencing comments. The call for this to become best practice, follows new research that demonstrates multiple instances where judges implicitly or explicitly assumed knowledge that a victim-offender ‘should have known better.” UniSA…

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UT: Convicted sex offender says change is possible, but more treatments needed

Source: ksl.com 5/30/23 SALT LAKE CITY — Isaac knows that he served time in the Utah State Prison for a reason. He understands the public expects there to be consequences for his actions. But what Isaac would like the public, including policymakers, to also recognize is that there are many inmates who want to turn their lives around. However, unless more resources and support are provided — particularly for mental health counseling — some inmates will fall right back into their old habits once they are released. “Ultimately, (prison) is…

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CA: Judge Dismisses Lawsuit Over Underage Nude Scene in 1968 Film ‘Romeo and Juliet’

Source: news.yahoo.com/Rolling Stone 5/26/23 Los Angeles County judge Alison Mackenzie confirmed she would grant Paramount Pictures’ motion to throw out a lawsuit over a nude scene in the 1968 film Romeo and Juliet, citing the First Amendment. Earlier this year, lead actors Olivia Hussey and Leonard Whiting sued Paramount for sexual exploitation and child abuse over the use of nude footage in the movie, which was captured when they were 15 and 16, respectively. In the suit, the actors claimed that their consent was violated by the film’s director Franco Zeffirelli, who…

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CO: Federal judge allows 2 men to sue over lack of access to sex offender treatment

Source:  coloradopolitics.com 5/25/23 Incarceration without access to treatment ‘alters the conditions of an inmate’s confinement in a way that can only set back his rehabilitation,’ wrote Judge Nina Wang Two men incarcerated for sex offenses, who have been moved around to various facilities where they were unable to participate in legally required treatment, may sue Colorado corrections officials for violating their constitutional rights, a federal judge ruled this week. Gino ___ and Brian ___ filed suit last year, alleging the only thing preventing them from being paroled is their failure…

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MI: Michigan sex offenders seek individual liability for enforcement of vacated rules

5/30/23 UPDATE: MI: Michigan sex offenders lose appeal to hold state officials liable for registry rules   Source: courthousenews.com 5/3/23 A lower court found state officials immune over their continued enforcement of unconstitutional sex offender registration requirements. CINCINNATI (CN) — A class of anonymous sex offenders urged the Sixth Circuit on Wednesday to reverse a judgment that granted several state officials immunity. The class had brought a federal lawsuit in 2021 over a series of amendments to Michigan’s Sex Offenders Registration Act, otherwise known as SORA. Importantly, the 2006 and…

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OR, WA: Housing restrictions are leaving more PNW sex offenders homeless

Source: crosscut.com 5/25/23 In his 15 years housing people coming out of prison, Mike Cross has had to turn many people away. Cross, director of Oregon City-based nonprofit Free on the Outside, which provides housing and recovery for formerly incarcerated individuals, knows what strings to pull to get people housed. While working in Hillsboro west of Portland, he successfully sheltered people of all criminal backgrounds. But those he turns away often have one thing in common: Their names are on Oregon’s Sex Offender Registry. “I got housing for guys that…

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CA: Former LAPD officer charged with sexually assaulting 4 children dies in custody

Source: ktla.com 5/22/23 A former officer with the Los Angeles Police Department who was charged with eight counts of lewd acts with a child after allegedly sexually assaulting four boys has died in custody, authorities announced Monday.   Paul ___, who had been taken into custody less than two weeks ago, was transported to an L.A. County medical center on May 20 for a pre-existing medical condition. The 46-year-old died while receiving treatment, officials with the Los Angeles County Sheriff’s Department told KTLA.  The Los Angeles County District Attorney’s Office…

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IL: Nearly 2,000 children in Illinois were sexually abused by Catholic clergy, state finds

Source: nbcnews.com 5/23/23 CHICAGO — An Illinois attorney general’s office investigation released Tuesday found that 451 Catholic clergy sexually abused nearly 2,000 children in the state over a nearly 70-year period, which was more than four times the 103 individuals the church named when the state began its review in 2018. Attorney General Kwame Raoul said at a news conference that investigators found that Catholic clergy abused 1,997 children in Illinois between 1950 and 2019, though he acknowledged that the statute of limitations has expired in many cases and that those abusers…

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Exposure to HIV Removed from Offenses Requiring Sex Offender Registration in Tennessee 

People living with HIV convicted of criminal exposure can request to terminate registration requirements with the Tennessee Bureau of Investigation (NEW YORK) – On May 17, 2023, Tennessee Governor Bill Lee signed Senate Bill 0807/House Bill 832 into law after it passed the House and Senate in April. The law removes criminal exposure to HIV from the list of violent sexual offenses where a conviction required an individual to register as a sex offender for life. The law will go into effect on July 1, 2023.  Tennessee is one of 30 states that have…

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For Some Convicted Sex Offenders, Finishing Their Sentences Doesn’t Mean They Get To Go Home

Source: route-fifty.com 5/22/23 Several states are civilly committing sex offenders when their prison terms end. The Bureau of Justice Statistics may soon begin collecting data about the practice—and finally shed some light on how widespread and effective it is. Looking to confine sexual offenders deemed a continuing risk to the public, lawmakers in 20 states, plus Washington, D.C., and Congress, passed laws around the turn of the millennium allowing for the involuntary civil commitment of these convicted offenders when their prison terms ended. But nearly a quarter of a century…

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Civil Commitment Does More Harm Than Good

Source: truthdig.com 5/22/23 Civil commitment facilities actually foster the traumatic and violent conditions that they are supposed to prevent. As if serving a prison sentence wasn’t punishment enough, 20 states and the federal Bureau of Prisons detain over 6,000 people, mostly men, who have been convicted of sex offenses in prison-like “civil commitment” facilities beyond the terms of their criminal sentence. Around the turn of the millennium, 20 states, Washington D.C., and the federal government passed “Sexually Violent Persons” legislation that created a new way for these jurisdictions to keep people locked up — even indefinitely…

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PARSOL Responds to May 23, 2023 SCOPA Hearing

HARRISBURG, PA – The Pennsylvania Association for Rational Sexual Offense Laws (PARSOL) strongly urges the Supreme Court of Pennsylvania to uphold Chester County Judge Allison Bell Royer’s finding in the case of Comm. v. George Torsilieri that Pennsylvania’s Megan’s Law Sex Offender Registration and Notification Act (SORNA) is unconstitutional.  Royer found that “SORNA is unconstitutional both facially and as applied to this Defendant on the bases that it employs an irrebuttable presumption that is not universally applicable and because its punitive nature offends Alleyne and Apprendi; results in a criminal…

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Janice’s Journal: Best Way to Serve and Protect Victims is to Better Serve Offenders

The United Kingdom (U.K.) is not known for having an open mind regarding individuals required to register.  Instead, the U.K. is known for stopping and returning to the country-of-origin individuals required to register even if the individuals have entered the U.K. via airport on their way to another destination.  In such cases, the U.K. has returned the individuals to their country-of-origin at the individuals’ expense. Therefore, it was surprising, perhaps even shocking, to hear the voice of reason in a government report issued recently in the U.K.  First, the report…

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ACSOL Online Meeting June 24, 2023

Please join ACSOL Executive Director and civil rights attorney Janice Bellucci as well as ACSOL board member and criminal defense attorney Chance Oberstein for our next meeting.  The meeting will be held on Saturday, June 24, online on Zoom beginning at 10 a.m. Pacific time, 1:00 PM Eastern, and will last at least two hours. You can use the Zoom app or call in using a Zoom phone number. There is no registration needed for this meeting. You can use the Zoom app to see Janice and Chance and choose…

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