Ex Post Facto Plus Case Dismissed
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.
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
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?