Yesterday, the Does’ Brief was filed in the 11th Circuit Court of Appeals in the “Ex Post Facto Plus” challenge.
The appeal raises the following two issues:
- Whether the district court erred in refusing to apply the continuing violation doctrine to plaintiffs’ claims against the cumulative effects of 21 years’ worth of increasingly restrictive and mutually-aggravating amendments to FSORNA 2018, where they alleged enactment and enforcement during the limitations period of an amendment that is particularly onerous in context with earlier amendments, and where their claims were not based on the original requirement to register or any other single discrete act?
- Whether the district court erred in dismissing the federal and state constitutional claims in plaintiffs’ Second Amended Complaint with prejudice, without granting leave to amend with the proposed Third Amended Complaint?
Much thanks goes to attorneys Val Jonas and Todd Scher for their hard work on this excellent brief and for sticking by the Does. Thanks also goes to the many who worked behind the scenes!
You can read it here: Doe v. Swearingen 11th Initial Brief
When are you going to sue the state for freedom of speech making us carry ID around with statute numbers which everyone knows what it means causing us to loose business, make less money, be excluded from home loans and proper medical care not to mention be humiliated by something most of us disagree with the label and that we are offender. Offender is ambiguous as it does differentiate between past lapse of judgment and actively capable of having a sexual relationship without offending someone sexually that makes us basically a walking shell with little quality of life.
Salvador
F.A.C is not a bank. There are several law suits that still have yet to be fully funded. Each new law suit can cost upwards of $20,000 or more just to start, and more to sustain.
Right now our best bet is the Ex post facto case. If we can win that, then the rest is down hill. For now we are fighting an uphill battle. Not everyone on the registry has a job, and like myself, we struggle to just exist financially. So funding is the biggest hurdle for these suits to be filed.
So basically the point of the brief is the District Court played a bunch of games with us because he didn’t want to consider the merits of the case and as a result of some bogus rulings managed to justify a dismissal.
I guess they’ll see it for what it is and send it back to the District Court or also be of the mindset not to consider the legitmate merits of the case.
We just have to keep working for that case or for that moment which so obvoiusly shows punishment that to rule otherwise would make the judges look like idiots.
Once it’s punishment: mic drop.
“CherokeeJack” Raises a glass of Champagne to these lawyers. Here is to much success and may God go with you in your pursuit of justice, and wrongs righted.
May the judge’s eyes be opened to these errors and to the fact that these restrictions placed on us “After the fact” are indeed punishment.
“Commit your actions to the LORD, and your plans will succeed.”
Proverbs 16:3