Devastating news in from the Southern District of Florida. Does v. Swearingen (the case we referred to as “Ex Post Facto Plus”) has been dismissed by Judge Kathleen Williams because the plaintiffs are barred by the statute of limitations.
A copy of the order follows.
Does v Swearingen – Final Judgment
We will update as soon as we hear more from the attorneys.
Statue of limitations? That really sucks. I have a friend who came out recently (about a year I think) and is on probation currently, I think this was his Judge. Is there a page to read about what each of the donation pages are fighting for? I see the donations at the bottom, but no information on what the fight is actually trying to accomplish.
Just wondering, does the statute off limitations apply to someone who has moved out of the state of florida it they petition for removal at the 20 year mark?
This is why these cases need to be thoroughly researched in the pretrial stage. This decision was avoidable. Funds for this effort are quite limited. These funds could have been put to better use.
Judging from the amended complaints, everything was researched and then some. If we’re not using our funds to challenge an unconstitutional law on constitutional grounds, then what better use of funds could there be?
Meanwhile, good ruling by the Federal 9th Circuit:
https://cdn.ca9.uscourts.gov/datastore/opinions/2020/12/09/19-35391.pdf
“Of particular note is that the panel calls into question the continued viability of the 2003 SCOTUS decision, Smith v. Doe,” according to Guy Hamilton-Smith on Twitter.
It is absurd to think any person on the registry time-barred. Compelled registration is every three or six months on Florida. The state laws change nearly every year, creating entirely new “contracts” which we are compelled to accept. Laws and legal proceedings are confusing at times. I appreciate the many legal experts who are driven to see common sense change to these laws that have been proven to only oppress a class of people.
Thank you, FAC and all you supporters out there.
Information Please:
Thank you for donating to this case and supporting this cause. Your support and donations and the support and donations of everyone is important.
The 11th Circuit Court of Appeals is a tough circuit. Senators from the south don’t want the death penalty to be found unconstitutional or inmates to have their death penalty cases overturned. These senators are a solid voting block in the senate and block any federal judges from being appointed in their states that are opposed to the death penalty. These judges have a tendency to be very proprosecutor and very difficult to assert prisoner’s rights in.
If your offense date predates October 15, 1995, you may want to relocate to Michigan and spend your winters in Florida. This will at least get you off of the registry in one state and should buttress your argument to be removed from the Florida registry. If your offense date is between October 15, 1995 and July 1, 2011, your removal from the Michigan registry is most likely mandatory under the various court decisions. Michigan has updated it’s 406 Petition for Removal From the Sex Offender Registry to reflect these changes. You can obtain a copy of the form by googling “Michigan 406 sex offender petition”.
There are some posts here stating that registrants can petition for removal in Florida. And it sounds like some are being successful. This may be a good strategy. Get off of the registry in another state and file a petition for removal in Florida. This actually may be a good issue for a class action lawsuit.
Your frustration is understandable. But a good lawsuit may be born out of your frustration.
Now what? When will we be getting more info on this matter. A lot of time and money donated by people who already have nothing. Not blaming FAC or attorneys but more info on possible remedies would be nice. I’ve been a member from the beginning and also donated to this case. A statement from the attorneys would be helpful. People are still donating and we don’t even know if we have a case or not. Sounds more like we don’t. Where is the money going to??? So if they have to released within the last four years does that mean pre 1997 people are screwed? How does something that was unconstitutional in the first place have a statue of limitations. Sorry for the frustration. I’ve been on the registry since the beginning. Feels like everybody will die of old age before there is any relief.
We are not able to disclose anything as it’s privileged. We will all know within 3 weeks. This is not over.
Thank you, and sorry again for the frustration.
Yet the Stature of Limitation on a Sex Offence never can
Jacob:
Safe and Just Michigan is the old CAPPS. I have followed their activities for years. I didn’t know they were associated with FAC. I am interested more in their activities as a taxpayer. Prisons are expensive, but there are more cost-effective solutions.
This is not a devastating loss. There are losses in any fight. You can call the attack on Pearl Harbor a loss, but who won the war.
History, morality and the Constitution of the United States are all on our side in this fight.
Most of my monthly donations to FAC have been directed to this case for a good while. It is pretty devastating to realize that this legal team didn’t see this coming. Shouldn’t they have checked the statute of limitations box WAY before setting foot in the court???
Maybe they can start over with new clients, but how long could that take?
Read our weekly update. McGroarty was decided LAST MONTH. there was no pre-warning.
Thanks for directing me to the weekly update page. In all the years I’ve been a member of FAC, I don’t think I’ve ever seen that page! Your response to this crushing event lifted my spirits a bit. I can’t believe the McGroarty ruling could effectively kill other cases that were in the pipeline for years before that particular ruling. It doesn’t seem like a fair way to run a legal system! My contributions to cause will keep coming!
Anyone can sign up to receive the weekly updates via email. just write to [email protected]
PS
Apologies to the legal team!
Ed C:
My kids and grandkids are all doing well, so I am free to put my time and money into various causes. You are correct. This is a civil rights issue. Even though my children are older and my grandkids are getting past the reckless years of their lives, my great-grandchildren could wind up on the registry for doing what teens have always done.
I have found that these various organizations are run by volunteers out of a PO box. These volunteers have lives outside of the registry so are very limited in their capabilities. What Derek does with his $700 a month is extraordinary, but his capabilities are limited.
An organization needs an office. I bought a house that I am remodeling into an office for a business and will dedicate a portion of that office for this effort. This will give this organization a physical place to do business. I own several houses and can house registrants today. I have a registrant living in the basement of my rooming house. He doesn’t pay rent so he can get his feet on the ground. I will be buying a house to turn into a homeless shelter for registrants. I just rented a house to a registrant and reduced his rent in exchange for doing computer work. He will be starting my websites and doing computer work for me. As soon as I have someone reliable, I will be buying a phone and setting up a helpline for registrants. This is no pie in the sky pipe dream. When I set my sights on a project, I do it right. As soon as this is all together, I will have a website, a homeless shelter for registrants, a helpline and be doing legal research for attorneys like the ones involved in the ex post facto argument in this article.
As I get older, I am becoming more limited in what I can do. Since becoming involved in this cause, I have been putting a lot of time into legal research. I fell on the ice a few years ago so don’t get out much anymore in January and February. I spend all of this time doing legal research. Right now I am working on arguments that I hope help a 7th circuit case. I will be able to train capable registrants in legal research and provide support to the attorneys fighting these laws. Legal research is very time consuming. Progress is being made in Michigan, but we have to help out in other states as well. Once I have a couple of dedicated persons to do legal research, we can send our research to attorneys like the ones in this case.
The current organizations have all started with good intentions, but it takes the time and resources to be successful. I can find the time in my schedule and have sufficient resources to get this effort off of the ground. If it succeeds or not, will depend on the quality and dedication of those who become involved. I am down to, perhaps, the last 10 or 20 years of my life and would like to live to see this get off of the ground.
Dustin:
I have never been on the registry or affected by it’s laws. I am free to travel the country and the world without a stamped passport or having to worry about “registration”. Challenging the registry is one of the causes that I am involved in and not a priority for me. I only got involved in this cause because a friend was placed on the registry for a decades old conviction. He has since died. Rest assured, if they tried to try to force me to “register” for anything that I would put my whole retirement into the fight.
The point being that I remain in Michigan because I don’t have $1 million for a house to live where I prefer to live.
I have been somewhat involved in this issue for more than 10 years and donate to these organizations on occasion. I also donate to other causes. What I have learned is that, most likely, more than 50% of the effort into this fight is by persons not on the registry. Derek is one of the few registrants who are all in to this fight. That’s why I respect him and support his efforts. Registrants need the help of people who aren’t on the registry if they are going to be successful in their endeavors. Since becoming involved, I have helped out a few registrants and am helping out 2 right now. One is turning out to be a mistake and the other is starting to look like a mistake.
Detroit, are you involved with our Michigan counterpart, Safe & Just Michigan?
I was released in 2018. Is there anything I can do to help bring this matter back in front of this or maybe another judge? I’m well within the four years statute of limitations restriction mentioned earlier? Please let me know what I can do.
Tony M.
I also have a friend released recently that might be willing to be part of it, let me know.
I just don’t see how we can get around this ridiculous time limitation. I took a plea in 2011 and in 2012 the registry laws changed and I became a sex offender. So in four years barred from most jobs, im expected to somehow build up enough money to challenge these stupid laws
I rather think the point is that you never have the money to challenge these laws.
Moving out of state isn’t always easy. I would love to live in San Diego but I can’t find a house for rent for under $3,000 a month or $4,500 in a decent neighborhood. There are no houses for sale under $600,000 and no houses in a decent neighborhood for less than $1 million.
In Michigan there are a lot of houses in the country that you can rent for $800 a month or buy for $50,000 to $60,000.
Spring, summer and fall are nice in Michigan but I hunker down in January and February.
Sounds like a dream, except for the cold winters. My friend caught a case in Florida and struggles to find a job. He used to administer computer servers for a company based in California, about 800 in total earning 6 figures, now he is pulling dead end jobs making minimum wage and exiled to live hours away from me and his family. It is devastating what these laws do to people.
“If our ex post facto challenge fails, it will be the back-breaking straw for all of us.”
How could “our” attorneys not know about the statute of limitations when it was the cause for loss of another case recently:
“The registrant left the state in 2004 and did not bring his lawsuit until 2018, far beyond the 4-year statute of limitations in which he could bring a lawsuit. The decision was not unexpected and not detrimental to anyone wanting to bring an out-of-state challenge, it was just a reminder that suits need to be timely brought.”
https://floridaactioncommittee.org/11th-circuit-reminds-us-of-statute-of-limitations/
I give up!
With the ever increasing restrictions during the time I lived in Florida and getting fed up with the state legislators are why I decided to move out of Florida. Its like fighting a losing battle with the courts and completely exhausting. Moving or staying should be a decision not made on emotions but what’s best for your family as well as yourself. Personally I had no ties to Florida before I moved and even though I met some really great people in Florida, I knew that it was best for me to move. Even now I get exhausted reading what’s going on in Florida and get angry with the way registrants are being treated. Florida still has me on their registry; but at least I’m not bent over for them to abuse anymore and hopefully someday this injustice will slap those immoral people in the face.
Confused:
Don’t give up the fight. I have never been on the registry but have been fighting for registrants and donating to the anti-registry movement for more than ten years. I will be starting a website next year and taking this fight to a whole new level.
Thank you for your involvement. Registration is actually a civil rights issue having the potential to affect everyone’s freedom. If SOs can be registered based on nonjudicial civil regulations contradicted by data, why not all felons, or for that matter all repeat misdemeanants, or …?
History has consistently shown that governments use despised populations to restrict the rights of all. We don’t need to go back to Nazi Germany or even leave our own country for examples. Commies in the ’50s? Pre-Stonewall gays?
I’m curious as to the focus of your anticipated website and what you mean by “a whole new level”. Keep up the good fight.
Veritas.
Giving up the fight isn’t even an option. Whether I’m in Florida or Indiana, which is where I’m going I think, I’m still registered. I just need conditions to be realistic and livable for me and my family.
When I was in prison I had a date but never really thought it would happen. I never believed they would let me out until I was out. Probation was the same mentally. I will die on this registry, it will be my legacy for future generations of my children’s children. If it ever is fixed or goes away, even better. It’s a sad life but what other choice do I have?
When injustice becomes law, resistance becomes duty!!!!
At what point does the clock start counting down on the state of limitations? From the registrants release from prison or end of probation?
I cannot describe the roller coaster of emotions I feel from this. I’m sure someone feels the same, but who knows. I guess I’m just used to Florida that I don’t recognize how bad it is for certain citizens here. I’m so confused how we gotta do far with this case to have it just dismissed so flippantly. Maybe it is time to really leave Florida. Other states you can get off the registry after less years than Florida requires. I have kids to raise, and I can’t live forever wondering what crazy loophole will be used to lose everything over built over ten free and clear years. Fight on for the cause, but I think for me it might be time to move on to better place.
Create more laws, catch more criminals!
What a crock of a ruling!! Meanwhile Florida increases restrictions regardless of how long someone has been crime free. Truly disappointed but not surprised with the corruption of Florida’s government. It’s time the pedestal gets knocked down crunching fantasyland allowing true justice to prevail.
These cases are a no brainer for constitutional and human rights and these judges keep playing games. Ridiculous!
any sneaky excuse to avoid making an honest ruling.Been telling you from day one you can not trust the legal system. Nothing legal about the legal system. typical court corruption. This type of corruption in the legal system is exactly why I don’t shed a tear when cops and lawyers are getting targeted and shot. When judges start facing the consequences for their corruption as well and start getting shot i doubt many people will have sympathy for them as well. It is sad I can see where chaos leads but at the same time, maybe we need a little chaos to restore law and order in the words law and order.
No one is going to get shot. Cmon now.
The last thing we need is more chaos and acts of violence, especially since one of our principal arguments is that we are nonviolent.
The fact it was dismissed with prejudice, is a clear sign that the court has noted that this is a clear problem, for which will not cease to bring up future lawsuits.
Very disappointed, was hoping this would stop all the unnecessary hassle, and be able to live Free again, without Restrictions….
Hope they can refile before time runs out….
I understand that it’s a tough loss and seems deflating but let’s keep our chins up. All work is good work and lessons learned. I’ll be donating as much as I can now and again in Jan.
Has the money for the lawsuit been used up?
It has not – it’s not the end of the road.
Yes. The decision was not based on the merits, but on a rather narrow technical issue.
Veritas.
If it has been filed as a Class Action case it would have involved all registrants, including those her are not time barred. If I am wrong please feel free to correct me. And you are correct, this is not the end.
f***
There is an old saying that goes: “You can’t fight city hall.” This appears to be the case here because the courts look for any reason to dismiss our claims in support if the various government entities we all have to fight regularly. This judge even fired a warning shot towards us in regards to our claims even if they were not deemed time barred. This judge clearly doesn’t want a similar case thst is not time barred to come to court.
Can you use civil cases?Bertram us bank did away with stats of lims. In foreclosures about 3 years ago
It seems to me that no matter how informed, experienced and proficient your attorney is, how well the case if justified, the judges will find a way to dismiss the case with a loophole that was not expected, making the plaintiffs start all over again after huge expenses already spent. Judges know there is a finite end to expenses that Registered Citizens can bare and will keep dismissing until the suit is dropped
I have seen it over and over…It really is discouraging, but not unexpected.
FIGHT ON!!!
Refile with new plaintiffs within the statutory time frame or appeal the court’s ruling. FAC can seeking funding and vet the plaintiffs in any new action. I had previously voiced my opinion regarding the action on this site as well.
Is the court conceding, towards the end, that “second-generation” restrictions are not subject to binding precedent yet?
So the most sympathetic plaintiffs— those who’ve been offense free in the community for a long time— are inherently time-barred. Apparently they need to have been released in the last four years, if I’m reading correctly.
Correct – that might be round II