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So, this could take years?
Unfortunately there is no easy victory. FAC lawsuit of Doe vs Swearinger I is further along so that’s is something to consider.
Here is a recent law review article on the subject
https://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?article=1039&context=gclr
Eugene v Debs What does this mean ? We are in Florida. Off all sanctions since 2004.
From my perspective a simpleton, “Habeas corpus, in simple terms, is a legal right that protects individuals from being imprisoned without a good reason. It essentially forces authorities to bring a person before a judge to justify why they are being held in custody. It’s often called the “Great Writ” because it’s a fundamental safeguard against unlawful detention”
In my opinion it can be used to attack anything related to the registry “since it’s something a normal free person can’t do”
It puts onus on the state instead of us to prove that we are a danger to society. So far in the way the suits are being brought forward we have the burden of proof to establish cause and effect which is a big hurdle to overcome. If we can put the burden on the state to establish why they have these ordinances in place it an easier suit to win. The state can’t keep saying and reclaiming frightening and high you have to show correlation
Here is an article from 3 days it might explain some things. https://www.casemine.com/commentary/us/clements-ii:-opening-the-door-to-habeas-jurisdiction-based-on-sex-offender-residency-restrictions/view
wISH THEY ALSO WOULD HAVE INCLUDED LOCAL PROXIMITY laws in this.
ps. i think the entire city of St. Cloud is off limits
Florida “suspect” arrested after being misidentified by AI facial recognition technology
https://www.youtube.com/watch?v=He8-DkJnXik
This should worry everyone, especially folks living in or visiting Jacksonville.
Whats scary is that a state attorney signed off in this warrant without probably cause and solely based on AI technology.
If at first you don’t succeed try again. Clements vs Florida. This is the guy who the Supreme Court denied his petition for review “if the sex offender registry qualities for in custody” in regards to habeas corpus custody.
The middle district of Florida denied his new petition saying it was the same as his original petition. However he appealed to the 11th Circuit and they ruled in his favor that the middle district of Florida will be presented with discovery if living restrictions constitutes in custody. https://media.ca11.uscourts.gov/opinions/unpub/files/202411353.pdf
Original complaint that was denied since he didn’t state in his original complaint if living restrictions constituted the in custody requirement. https://mitchellhamline.edu/sex-offense-litigation-policy/wp-content/uploads/sites/61/2023/06/Eleventh-Circuit-Decision.pdf
Thank you for posting this! It’s nice to have some hope
Thank you. I’m cautiously optimistic for his law suit. Remember the 11th said it was “A hard decision to answer if reporting and registration made him in custody.”
Now add it living restrictions that greatly reduce the availability of housing and the geographical placement of those house (Ybor area in Tampa cluster https://www.fox13news.com/news/residents-want-clustered-sex-offenders-out-of-tampa-neighborhood.amp) as example. I wish he would have access to a time lapse map showing how more and more of the available space to live is being zoned off as well as cluster in the poor neighborhoods.
As well as town officials wanting to increase the distance for no other reasons than the other surrounding country did and don’t want to be a haven for registrants. https://www.wpbf.com/article/martin-county-commissioners-pass-ordinance-expand-sex-offender-residential-restrictions/40221212 “We found that there were some sex predators, sex offenders—when they move to Martin County they have to register and when they registered they said they specifically moved here because our distance from schools and other areas where children congregate was more liberal than other counties,” Snyder said.
Sounds live living confinement to me. With numerous examples and time lapse maps one could not but see the clear picture there trying to make Florida city registrant free. They continuously place more and more pressure for registrants to try and find a place to live. How is that not living restrictions custody?
Interesting article https://www.greenevillesun.com/news/local_news/authorities-social-media-site-targeting-registered-sex-offenders-spreads-misinformation/article_cd512a62-5fff-4308-8917-376d8860c76e.html
Cops waste their time looking into unfounded claims.
11th circuit is scheduled to hear McGuire vs Alabama on Friday August 1st https://www.ca11.uscourts.gov/sites/default/files/oral_arguments/cal20%28Rev.1%29.pdf
Remember Alabama ruled in his favor in the lower court https://all4consolaws.org/wp-content/uploads/2024/05/McGuire-v.-Marshall-Alabama-federal-residency-restrictions-May-2024.pdf