A group of 134 sex offenders have asked the 9th U.S. Circuit Court to revive their lawsuit against the state of Idaho because they say they were denied their constitutional rights when they were forced to register as sex offenders.
The group, referred to only as John Does 1 through 134 in the lawsuit, notified U.S. District Judge David Nye recently that they would ask the appellate panel to review Nye’s ruling dismissing the lawsuit.
In the April ruling, Nye said though it was clear some of the plaintiffs had faced significant hardship under the sex offender reporting rules — including trouble finding employment and housing, difficulties attending church and burdens on travel — their claims simply weren’t supported by case law.
Similar arguments against sex offender registry rules have been rejected by courts in several states and appellate circuits.
“Although the court sympathizes with the Does and recognizes they have endured substantial obstacles, the challenges the Does allege are the same as those raised by sexual offenders … across the country that have already been considered and rejected by the Ninth Circuit and Supreme Court,” Nye wrote.
[FAC COMMENT: UNLESS THE COURTS START CONSIDERING FACTS BASED ON EMPIRICAL EVIDENCE, WE CANNOT CREATE GOOD CASE LAW. LET’S START NOW!]