[citypages.com] Thomas Evenstad was convicted in 1999 of raping an 18-year-old woman. In 2014, he picked up more convictions for stalking and harassing the victim, her family, investigators, and the judges involved in his prosecution. When he finally got out of jail last August, he moved in to a friend’s apartment in West St. Paul. Three days later, police told his landlord that Evenstad couldn’t stay, threatening them both with criminal charges if he didn’t vacate. That’s because West St. Paul doesn’t allow sex offenders to live within 1,200 feet…
Read MoreTag: Minnesota
MN: Minnesota Federal District Court Enjoins West St. Paul Sex Offender Ordinance
[floridaactioncommittee.org] In a decision issued today, the Federal Court for the District of Minnesota granted a preliminary injunction against the enforcement of a West St. Paul sex offender residency restriction. Calling it a close call in light of 8th Circuit precedent that previously found SORRs constitutional, the Judge found that the West St. Paul Ordinance is significantly more restrictive than those upheld by the Eighth Circuit and was persuaded by the recent persuasive precedent from other federal circuits (including our 11th Circuit) which found otherwise. Read more
Read MoreMN: Minnesota sex offenders challenge a city’s ban
[startribune.com] Three convicted rapists awaiting release from state custody are suing the city of Dayton, Minn., over an ordinance that virtually bans them from living in the city, arguing that the measure violates their Constitutional rights and is trumped by state law. The men are challenging a far-reaching 2016 ordinance that bars convicted sex offenders from living within 2,000 feet of any school, day care center, park, playground, public bus stop — even a pumpkin patch or apple orchard — within the city of Dayton, a rural community of about…
Read MoreMN: 14-year-old sends her crush an explicit snap – and now faces child porn charges
[gomn.com] St. Paul, Minn – Teenagers sext. That’s generally what research has determined – it happens, it’s not uncommon. One study found more than half of its respondents sent explicit messages while under 18 years old; and 28 percent included a photo. But a Minnesota 14-year-old who Snapped an explicit selfie to a boy at her school could be forced to register as a sex offender because of criminal charges filed against her, the ACLU of Minnesota said. What happened The girl (not identified because she’s a minor) goes to…
Read MoreMN: Former sex offender challenges residence restrictions
On Oct. 2, 2017, the U.S. Supreme Court denied a petition for certiorari in Snyder v Doe, a decision from the 6th U.S. Circuit Court of Appeals that said that Michigan’s sex offender registration law violated the Ex Post Facto Clause’s ban on retroactive punishment. The law restricted where former sex offenders could live. The 6th Circuit is at odds with many other opinions that have rejected constitutional challenges to sex offender laws, but that didn’t convince the Supreme Court to take the case. The court invited the Solicitor General…
Read MoreMN: ‘I Was Willing to Do Everything’: Mothers Defend Sons Accused of Sexual Assault
[New York Times] Four women met late last month at a restaurant in a Twin Cities suburb, where they spoke for hours, so intently their waiter had trouble getting their drink orders. Each had a son who had been accused at college of sexual assault. One was expelled and another suspended. The other two were cleared, yet one had contemplated suicide and the other was so crushed he had not returned to school. The women had been meeting regularly to share notes and commiserate. Now, over red wine in a…
Read MoreMN: Supreme Court Won’t Hear Minnesota Sex Offender Case
The U.S. Supreme Court ruled Monday that it won’t hear a challenge to Minnesota’s sex offender civil commitment system (Karsjens v Piper), which allows people who have been deemed sexually dangerous to be committed to a treatment facility for an indefinite period of time. Full Article Order List
Read MoreMN: The legal fight over Minnesota’s sex offender program could have ramifications throughout the country
A battle started by a handful of sex offenders in Minnesota has mounted into a constitutional debate that could set a new precedent for civil commitment programs across the United States. The U.S. Supreme Court could decide early next week if it plans to dive in and hear a case arguing that the Minnesota Sex Offender Program (MSOP) is unconstitutional. Whether or not they decide to take on the case, the justices’ decision will have ramifications for the 19 states that have similar programs, some of which are dealing with…
Read MoreWill SCOTUS Let Fear of Sex Offenders Trump Justice?
Two cases give the Court a chance to reconsider its counterintuitive conclusions about commitment and registration. According to the U.S. Supreme Court, locking up sex offenders after they have completed their sentences is not punishment, and neither is branding them as dangerous outcasts for the rest of their lives. Two cases the Court could soon agree to hear give it an opportunity to reconsider, or at least qualify, those counterintuitive conclusions. Full Article Also see Snyder vs Doe Karsjens v Piper
Read MoreCanada: Court blocks extradition of Nova Scotia man accused of sex crimes in U.S.
Nova Scotia’s highest court is ordering Canada’s justice minister to take another look at her decision to allow the extradition of a Nova Scotia man accused of sex crimes in Minnesota. Full Article
Read MoreMN: Even Sex Offenders Have Constitutional Rights
On Monday, the Supreme Court ruled that a North Carolina preventing sex offenders from accessing social media and other websites – without any attempt to tailor restrictions to potential contact with minors – violated the First Amendment. But restrictions on the freedom of speech aren’t the only unconstitutional deprivations sex offenders face. Full Article
Read MoreMN: sex offenders seek to take their case to the U.S. Supreme Court
A group of Minnesota sex offenders has asked the U.S. Supreme Court to examine whether the state is violating the Constitution by confining people indefinitely in prison-like treatment centers after they have already completed their criminal sentences. Full Article
Read MoreMN: Judge Stays Further Action in Minnesota Sex Offenders Case
A federal judge has stayed further proceedings in a class-action lawsuit over Minnesota’s sex offender treatment program while lawyers for the offenders ask the U.S. Supreme Court to review an appeals court finding that the program is constitutional. Full Article
Read MoreMN: Lawyers want high court to take Minnesota sex offenders case
Lawyers for sex offenders confined indefinitely to Minnesota’s secure treatment program have asked a judge to stay all further proceedings while they ask the U.S. Supreme Court to review an appeals court finding that the program is constitutional. Full Article
Read MoreMN: Fate of MSOP Now Rests With the Supreme Court
In June, 2015, the US District Court for Minnesota determined that the 700+ clients at the Minnesota Sex Offender Program were being unconstitutionally confined. In January, 2017, the US Court of Appeals for the Eighth Circuit said they’re not. What explains the conflicting opinions? A three-judge Appeals Panel said District Court Judge Donovan Frank did not apply the proper standard: to be unconstitutional, civil rights violations for SVPs must “shock the conscience.” What’s wrong with the “shocks the conscience” standard? If, until the Supreme Court intervened in 2008, executing sex…
Read MoreMN: Sex offenders renew legal challenge to confinement
MINNEAPOLIS — Lawyers for over 700 people committed indefinitely to the Minnesota Sex Offender Program are asking the full 8th U.S. Circuit Court of Appeals to reconsider a three-judge panel’s ruling that the program is constitutional. Full Article
Read MoreWI: Appeals court upholds provisional release of sex offender
MINNEAPOLIS (AP) – The state Court of Appeals has upheld a judicial panel’s decision to provisionally release a man from the Minnesota Sex Offender Program. ____ ____, formally known as ____ ____, pleaded guilty in 1976 to kidnapping and raping a woman in Ramsey County. He was civilly committed and asked for a provisional discharge from the sex offender program in 2013. It was granted, but the state says the judicial appeal panel erred because it relied on a witness with inaccurate information. Full Article
Read MoreMN: Appeals Court – Sex Offender Program Constitutional
Minnesota’s program for keeping sex offenders confined after they complete their prison sentences is constitutional, a federal appeals court ruled Tuesday, reversing a lower-court judge who said it violates offenders’ rights because hardly anyone is ever released. Full Article Decision Related ‘A System That Is Clearly Broken’ The Latest: Official: Sex offender program needs more money
Read More