A WIN!!! Does v Swearingen (EPF I)
The Eleventh Circuit Court of Appeals just came out with their opinion in Does v. Swearingen (Ex Post Facto I) and IT’S A WINNER! The case is getting sent back to the District Court and the Plaintiffs will have their day in court.
I am sharing the opinion below for your reading pleasure, without having the opportunity to read through and digest it myself.
Trust that a deep dive and further celebration will come shortly!
EXTRA SPECIAL THANKS to the amazing lawyers who are litigating this case!
Does v Swearingen – 11th Circuit Opinion
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THANK YOU VAL JONAS & TODD SCHER!
I did notice that the same issue that remained time-barred here in EPF I, was dismissed in EPF II. Would love to tackle that someday, once we get through this.
Thanks to this ruling, I no longer suffer the McGuire Blues.
Thank GOD! Great news, hope they offer some form of relief this time around.
What are we to make of the 11th Circuit if they just ruled against us only to turn around and say “we have a plausible argument about increasing burdens”? Didn’t say just say Alabama registry has good intentions so it’s ok? I’m worried Florida will just cited that and we’re back at the Registry has good intentions. Overall a good ruling. Wondering if the Tampa Guy who refused to register since he was technically right only for the legislature to change the law about fines is the plaintiff to retry count IV(D)
I think you are confusing two separate cases.
Yes they were two different cases but 11th circuit seem to say Alabama registry was not punishment. Anyway I’m glad that they used sound reasoning and now the Does will have their day in court.
Eat it, FDLE.
Thank you FAC and especially our Legal Committee and the attorneys carrying on the fight for all of us! Although a couple of our claims were dismissed, look at how many were upheld – and the legal battle can now continue. We look forward to seeing the next court’s positive decisions on our challenges as well. May better days be ahead!
Praise God!!!!!!!
There are still some Judges that see through eyes of constitutionality and justice, instead of finding a way to circumvent the language of the Constitution and judge in the favor of the state.
Florida has gone way too far!!