A lawsuit challenging Idaho’s laws governing registration and community notification of sex offenders seeks a permanent injunction to stop the state and counties from enforcing portions of the law.
The lawsuit, filed Thursday in Boise federal court on behalf of 104 unnamed sexual offenders, identified as Does 1-104, argues that Idaho’s sex offender registry laws violate the U.S. and Idaho constitutions. Full Article
Great! Too bad I don’t see the 9th Circuit Internet decision as part of Attorney Greg Fuller’s litigation requests, but I’m sure the decision can be used as part of the overall ex post facto issue as Idaho requires extensive Internet identifiers from every registrant. In addition, he should have a boatload of information with regard to residency restrictions and extremely low recidivism rate arguments in his arsenal as well.
I am glad to see this, Maybe more RCs are waking up and see the brutal truth about the registry and all the damage it does long after you serve your time.
I’m hoping someone can find the actual lawsuit so we can see what evidence they are using. I really hope the lawyers are as good as those from the 6th circuit case.
Now that’s a lawsuit. Look forward to reading the entire PDF if I can get a good link.
When I read some the comment section in some of these articles (like this Idaho one) many people tend to blame liberals & Democrats for not being tough enough on sex offenders. Either there’s some truth in what they say or you have a lot of completely delusional people out there
wow a bunch of great useful post since I was gone for the weekend….this is extremely helpful as it gives me an excellent template for me or anyone to use in preparing a challenge in court…excellent…
this is a weak challenge though as it doesn’t bombard the court with factual empirical evidence that would make it impossible for the courts to ignore….single studies and reports can easily be disregarded as contradictive and that the Court is not a fact finder to determine the validity or conclusions concerning legislative acts…facts have to be so clear and convincing and a general acceptance as truth by credible sources as to be indisputably truth…this is key to success….kind of a conundrum here since im glad to see someone with experience stepping up and giving it a shot but on the other hand if it isn’t argued correctly and isn’t successful it just sets more precedents against any future arguments…
I am actually one of the 104. The suit does go into detail when you read the full 70+ pages. I think there are places it could have done better, but we will have to see.
One of the key points is the fact that the Idaho courts already ruled against the registry a few years ago on a due process suit where an ex offender was labeled as a VSP without any chance to defend himself. The courts agreed and nailed the registry and the sex offender classification board. What the legislature did was nothing more than thumb their noses as the courts. They renamed the sex offender classification board to the sex offender management board and classified everyone as a VSP here in Idaho with no options to get it changed. The suit points this out well. Should piss off the courts in our favor.
It also goes into great detail about how the registry does not accomplish what it was set out to do, and is in many peoples belief actually counterproductive. It shows that it is punitive as enforced today.
It is a good read. Not perfect in my opinion, but I am not a lawyer. Now we sit back and wait.
I did actually read the entire 70 pages and I agree it’s powerful but I am sticking to my guns here that there was to much left for interpretation rather than Indisputable facts backed with the maximum amount of empirical evidence from the maximum number of credible sources especially government agencies….i believe we need massive amounts of indisputable empirical evidence admitted into the record which would help force the Court to either accept as facts or force them to require an evidentiary hearing to determine such facts…..youve seen how judges will use any technicalities or any possible escape route to avoid being in our favor….. to much to chance and way to many outs for the judges….just my opinion like it not…..
Why can’t we file a similar suit in the California courts …. and have 200, 300, 500 registered citizen plaintiffs?? Not to mention, the publicity surrounding such a many-plaintiffed lawsuit could really help our cause.
I am becoming increasingly angered by the endless stream of Ex Post Facto horeshit they constantly dump on us and their terrorist threats of imprisonment if we don’t play by the ever-changing rules they impose. 😠
It’s like living under some Kafkaesque, fascist régime. 😖
give me a contact for them I’ll gladly send all the data i have…its doesn’t matter no one seems to want to include empirical evidence in their arguments or are afraid of using to much evidence for some reason beyond reasonable beliefs….they all just keep hypothesizing and making insufficiently supported statements…whatever you people are just intellectually deficient and cant debate without regressing to personal insults….pity you really sad
I was absolutely correct on the iml suit I hope this is successful all I said is i believe there needs to be massive amounts of indisputable empirical evidence admitted into the record…dont give judges any openings for them to use as excuses to deny anything….
Let it roll like water off a ducks back bud. You haven’t done anything wrong.
people love to try to beat up on me dont they..lmfao…what a joke..most lawyers are mediocre at best and down right incompetent that barely stay on the state Board and include massive amounts of useless info in order to bill by the hour…..anyone that trust an attorney unconditionally is a naive ignorant imbecile….ok I got it out of my system…these guys are hallarious….once again thanks for the support you guys let’s see how far this goes before the moderator starts censoring
After all this time being a registered citizen (17 years), I would not mind being part of a class suit in Ca. I’m tired. I have a brain tumor. I just want peace in the last part of my life. I’m 51 and do not see being around in 10 years. It sucks dealing with this and having a 14 year old son. If we need extra, I’m here.