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.
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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?