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 in 2006 and 2011, imposed burdensome registration requirements and prohibited sex offenders from living or working within 1,000 feet of a school, and had previously been found unconstitutional by the Sixth Circuit.

The class of sex offenders continued their legal battle against the officials in their individual capacities, however, and sought monetary damages for their injuries.

According to the allegations in the complaint, the governors and heads of the Michigan State Police knew the unconstitutional provisions were being enforced despite the court’s judgments and failed to take any action against their subordinates.

U.S. District Judge Victoria Roberts, a Clinton appointee, found all four defendants were entitled to sovereign immunity and dismissed the suit in September 2022.

The John Does appealed and the case was argued at the Sixth Circuit earlier this month.

Senior U.S. Circuit Judge Danny Boggs, a Ronald Reagan appointee, authored the court’s opinion and pointed out the officials raised the sovereign immunity defense alongside arguments on the merits of the case prior to Roberts’ decision to rule in their favor.

The distinction was important, according to Boggs, because it allowed he and his fellow Sixth Circuit judges to consider all facets of the case in their analysis.

Ultimately, Boggs found a decision on the merits “more straightforward” because the class failed to show deliberate indifference or tacit authorization on the part of the officials.

“The plaintiffs do not plausibly allege that the defendants authorized, approved, or knowingly acquiesced in any unconstitutional conduct,” he said.

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Why do we fight anymore? Anything any argument will automatically be twisted in some way to keep the machine going. I’m just waiting for mandatory tattoos in our foreheads.

Michigan ………. You Still SUCK! Plus maybe next time they should use registrants who were subjected to their neglect of power, not 6 does who were release from the registry many years before the class was filed, then try to ask for monetary damages. I kind of see the point of the court these 6 were relieved of the rules many many years ago, Now us that were not part of the big 6 remember years of waiting for a class then to only be forced again with a unconstitutional new law with NO relief. This is more like neglect & would have made more sense to use a non big 6 when filing this. Sometimes i wonder if they even think before they file these very touchy lawsuit’s 🤔😔

The Courts will duck and dodge, and pass the buck to the lawmakers (politicians), and the politicians will duck and dodge and claim that their hands are tied by the Courts. No one will take responsibility, no one will be willing to right the wrongs.

Our government fails not only those in our community, but society as a whole. Increasing the risk of recidivism through the institution of failed draconian policies will ultimately result in some high-profile, horrendous crime, after which they will campaign for even “tougher-on-crime” laws.

The Courts are often the forum “of last resort”. If they fail to protect us, and allow such injustices to continue, it is understandably difficult to see any light at the end of the tunnel.

However, this does not mean we stop fighting in the Courts, backing the more progressive politicians and DA’s, and proposing changes in policy and laws. Collectively, we (through the efforts of Janice, et al) need to continue the fight, support those on the front lines, and hopefully some day, we’ll find success.

If the Constitution has no teeth, we might as well wipe and flush.

We fight because we have to. And because if we don’t fight for ourselves no one will. So what if we lose this time? We’ll just brush off the dirt, get up, and fight again.

Like Steve Rogers in Captain America, ” I CAN DO THIS ALL DAY.”

I would say go after county officials, including DAs, but the statute of limitations likely bars that now.

W-T-F?? 😡 How can NONE of these individuals responsible?? That’s absolutely absurd!! You can bet you @ss that if a MI Registrant were out of compliance they’d be pushing each other aside to be the first to file FTR charges!! 😠
Or … If none of them are responsible for enforcing the unconstitutional MI registry, then do none of them have the authority to charge any Registrant with FTR???

≠=======================

Seriously, how many times does it have to be ruled UNCONSTITUTIONAL??? 😖

Last edited 11 months ago by David🔱

They know, That’s why they add extra time for FTR charges, California is no different from MI when it comes to the court’s they pretty much do whatever they want, and they ain’t bugging when it comes to the registry laws.
We all know it’s unconstitutional punishment, it’s just a “TRAP” to catch people up on a failure to register changes, So they can remove them from Society by sending them to prison where there’s a 50% chance that they won’t make it back and if they do they’ll most likely be homeless and on 5 year parole with GPS ankle monitoring

Last edited 11 months ago by AERO’S PHO

But you see.. that’s just it. They WANT us to have outrage fatigue and give up. This is whole thing is worse that a slow-motion train wreck. It’s the worst boondoggle foisted upon humanity and the reason for all these rulings is really transparent – it’s done to protect the jobs the registry provides and not the children they claim the registry protects.

Everyone has to settle down. This is now the 11th year of the Does litigation. This litigation is well developed and is coming down to the final years.
This decision only states that they sued the wrong people. We don’t know if anyone will ever get financial compensation yet. We will never know if they don’t sue the right people. Everyone has to wait until this plays out. The wheels of justice grind slowly, but they are grinding.
This is history making litigation that can bring down every registry scheme in this country. It would behoove everyone to get behind this effort, donate to the Michigan ACLU and make it clear to the Michigan ACLU that you are making the donation because of the ACLU’s fight on behalf of registrants.
The quickest way for registrants to get off of the registry in California, Florida or any other state is to support this litigation. Rather than complaining, everyone needs to donate to the Michigan ACLU to help push this litigation forward. It’s time for everyone on the registry to put their money where their mouth is.

No Victim = No Crime see Jury Instructions re: the 12 crimes listed in mcl 750.145d1a
Sue them…take their bonds, bank accounts, employment just like they’ve done to thousands since the 90’s

Mike Cox Kelly Carter and dozens of others — in the AG Office and elsewhere must be held accountable for crimes against 100s. Flint Ghost and MACE from Macomb County too and God knows how many 1,000s statewide were abused by these criminals.
If you were arrested/ imprisoned in a computer-based sting YOU ARE GUILTLESS of any crimes IF they pretended to be minors .
Read the jury instructions of each MCL they PARTIALLY CHARGED and see that:
1. Commercial activity/gain is required
2. A minor or child under 18 also req’d
3. You MUST know that THE CHILD is A CHILD.
Get an attorney who will bury the prosecutors in truth vs. their FRAUD
File a 6.500 ( a 1 time shot unless actual innocence is shown then it overrides that rule)
or file a Habeas Corpus in Fed Court if the MDOC has you as a guest ( they aren’t happy with this development but must obey laws & rules supposedly )
Or a motion to whatever: withdraw plea due to actual innocence and against their fraud…motion to vacate fraudulent convictions…
A ruthless attorney is best . You can slosh thru it pro se cheaper but the prosecuting officials are heartless and know their system and will avoid addressing the merits for eternity.
The MCL’s they butchered :
1. 750.145C2– child sexually abusive activity ( 100% commercially based but used in these unauthorized stings after deleting all but 22 of 152 words/ numbers)
2. 750.145d2c and f2f : (a child/minor must be involved as per jury instructions you can find online ) using a computer to “violate” the non-existent underlying crimes.
3. 722.675 — dissemination , which means COMMERCIAL GAIN REQ’d …if they add internet 750.145d2f then they are in contempt of Fed court order re: 1999 Public Act 33 and they don’t care cuz convictions are their goal. For $$$$$$.
4. Any MCL from the ones listed in MCL 750.145d1a are IN PERSON ONLY W/ A CHILD or MINOR…
The criminals tack on .”…. or is believed by that person to be a minor….which only applies as u r online with a real victim and believe u r communicating with THE MINOR or THE CHILD .
JURY INSTRUCTIONS PROVE IT
JURY INSTRUCTIONS ARE AUTHORIZED BY THE MICHIGAN SUPREME COURT
MICH LAW PROVES IT when not chopped up into deceptive language.

THE CRIMINALS ARE JUDGES & PROSECUTORS & STAFF ATTORNEYS & anyone conspiring w/ them — Counties/ Cities/ Townships / MDOC / Governors etc

Fed lawsuit is filed but the fix appears to be in w/ case no. 23-cv-11655 Doe v Nessel … a pro se filing against corrupt lying perjuring soiled-handed officials.

100s of lawsuits must inundate the courts and the 1st one to win can be the ticket back to freedom & sanity for the rest.

These officials are evil. Nail ’em !!