MI: After a Registry is Ruled Unconstitutional, Whom, If Anyone, Can Registrants Sue for Damages? May 25, 2023 | 8 comments Registrants represented by Oliver Law Group appeal dismissal of their suit against governors and state police, as reported by Courthouse News. For more background on Michigan registrants’ challenge, visit Michigan ACLU’s SORA Resources Page. Facebook Twitter reddit 8 Comments TS on May 28, 2023 at 10:58 am The buck has to stop somewhere as Pres Truman said and it was with him, so why can these at the top who sign laws into action not be held accountable again? Does the buck not stop with them? Reply VOCAL on May 28, 2023 at 5:07 pm TS: Sovereign immunity is a legal fiction created by the U.S. Supreme Court. A sex offender did win in Michigan on a similar issue of being arrested when he was not required to register, see Hart v Hillsdale, 6th Cir. 2020. The difference was that he sued the city and county, not the state. If the 6th Circuit upholds this decision the plaintiffs may consider naming the city and county as defendants. There is a fair probability that they will win monetary compensation. We just have to wait and see. Reply Gerald on May 25, 2023 at 6:41 pm Any time someone wonders whether sex offenders are treated fairly by the courts, all they have to do is look at Michigan. You couldn’t have asked for a bigger victory than when the Sixth Circuit finally struck down completely the old Michigan SORA law. Yet not one offender was removed from the registry because the Legislature simply wrote a new law that threw everyone back on the registry. Ex post facto law on steroids. Reply CherokeeJack on May 25, 2023 at 8:20 pm @Gerald And what is to keep that happening anywhere else. I am pondering if taking $10,000 out of my 401k to get off the registry is worth it, when 6 months later a law could be written to say being let off was no correct. Then you are double screwed. Essentially what happened to those in Michigan. Seems lawmakers can judge override a judge with a new law? Reply Disgusted in Michigan on May 26, 2023 at 6:22 am Yeah, and who’s to say if a lot of us are removed if we get a favorable outcome to our latest lawsuit that the State will find a way to put us all back on it? All they have to do is arrest us for anything they can think up and BOOM! back on the registry we go. Reply VOCAL on May 25, 2023 at 9:40 pm Gerald: Now they can request monetary compensation. We will have to wait to see if they can win on the issue of monetary compensation. Reply JJJJ on May 26, 2023 at 12:03 am Those SOBs deliberately thumbed their noses at that court decision for, what, 3 years? The standard of deliberate indifference (at the least) seems appropriate. They (collectively and severally) had an obvious duty as executives of the state to issue policy papers and to insist on enforcement! They practiced malfeasance in a deliberate and indifferent manner, and they committed torts (at the least) against those registrants! Just my opinion. Reply CherokeeJack on May 26, 2023 at 9:14 am @JJJJ Sounds like a power trip of “Just because I can-ness”. Reply Submit a Comment Cancel reply Comment Policy PLEASE READ: Comments not adhering to this policy will be removed. Be patient. All comments are moderated before they are published. This takes time. Stay on topic. Comments and links should be relevant to this post. *NEW* CLICK HERE if you have an off-topic comment or link. Be respectful. Do not attack, abuse, or threaten. This includes cussing/yelling (ALL CAPS). Cite. If requested, cite any bold or novel claims of fact or statistics, or your comment may be moderated. *NEW* Be brief. If you have a comment of over 2,000 characters, please e-mail it to us for consideration as a member submission. Reminder: Opinions and statements in comments are neither endorsed nor verified by FAC. Moderation does not equal censorship. See this post for more information. Your email address will not be published. Note: Markdown can be used for formatted text. Comment * See the Comment Policy above before posting Name * Email * Website If you are a human, do not fill in this field. Notify me of follow-up comments by email. Notify me of new posts by email.