Sex Offender Approved as Class Representative in Modem Class Action Lawsuit
A small bit of encouragement came from a civil class action lawsuit, IN RE ARRIS CABLE MODEM CONSUMER LITIGATION, Dist. Court, ND California 2018.
Plaintiffs, a group of consumers, are suing cable modem manufacturer, Arris, in a class action lawsuit. The case has nothing to do with our cause, except that one of the class representative plaintiffs happens to be a person required to register as a sex offender.
Attorneys for Arris, suggested the individual is not a suitable plaintiff because of his status.
The Court (Northern District of California) came to his defense, saying, “a district court should find inadequacy “only where the representative’s credibility is questioned on issues directly relevant to the litigation or there are confirmed examples of dishonesty, such as a criminal conviction for fraud.” Not only did the Court find the individual’s sex offense (which was from 1993) irrelevant, but also likely inadmissible.
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If a parent is fighting for custody of his or her child, simply being a registered sex offender by itself is not enough to deny custody. This was established many years ago somewhere, yet today we still see this kind of argument on unrelated situations.
I have yet to see anyone convicted of a misdemeanor for refusing an application for employment or housing based on sex offender status in some States, including the State of California. The Housing Urban Development, known as H.U.D. clearly states on their applications that sex offenders need not apply. This is FEDERAL dollars that pay for housing and opening discrimination and violating State laws is not acceptable, but it is acceptable because it is never punishable.
“only where the representative’s credibility is questioned on issues directly relevant to the litigation or there are confirmed examples of dishonesty, such as a criminal conviction for fraud.”
Or even perjury, but a sexual offense ?? Nice try ! lol
Why is this news? Why should it matter if this person was a “sex offender”?
Really at this point it’s like saying that even though the individual was black or gay they were “allowed” to join a class action suit…unbelievable!
That’s right, his status has nothing! to do with any of this. Well said by the Northern District.
That last paragraph is simply beautiful. Word for word.
thank God…… They are starting to listen
Amen 🙏🏿