Federal judge rules Tennessee sex offender law punishes retroactively
A federal judge has ruled that parts of Tennessee’s sex offender registration act should not be applied retroactively to two offenders who sued over the law.
Monday’s ruling in the U.S. District Court for the Middle District of Tennessee was narrowly written to apply only to the two plaintiffs. But it could open the door to more lawsuits and a broader ruling in the future.
The plaintiffs claimed that the law’s restrictions have forced them to move out of their own homes and lose jobs and prevented them from spending time with their children and attending school events.
Richardson has yet to make a specific ruling as to which parts of the law should not apply to the two men. In his ruling, he asked the parties for more information on what they think should be the scope of the injunction. He added that he would rule later.
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
I don’t understand how SORA is declared to punish retroactively if it’s civil. Then It shouldn’t punish at any time. Wtf
Indeed.
Since 2003 Smith vs Doe this horse is of a completely different hue. In particular when it went world wide web.
They’ve dog piled on additional burdens above and beyond the “price club card” version.
The 6th circuit Does vs Snyder (denied cert) opinion explains this trend perfectly.
Everyone should read that 14 page opinion.
I’m in a SORNA state. It’s more rigorous than the probation I completed.
Anonymous:
In Smith, SCOTUS said dissemination of “mostly public” information regarding RCs was civil and thus not punishment. Anything and everything above and beyond since then has been decided below SCOTUS (State courts, Federal District and Circuit courts), with mixed outcomes. IMO the constantly building caselaw is reaching critical mass and eventually one of these cases will land at SCOTUS and they will finally grant review. What happens after that, who knows? I would like to hope SCOTUS sees what a nasty, messy, sh-tstorm they’ve made and that the burdens spread far and wide beyond the RCs themselves to spouses, families, and children. I’m 100% confident there will be a plethora of amici who chime in with real recidivism data. Sadly for us, the wheels of justice turn very slowly.