A group of registered sex offenders in Western North Carolina say the sheriff forced them to check in with local law enforcement or face arrest on Halloween night in 2019.
Now they’re suing.
At least 11 men and the nonprofit group North Carolinians for Rational Sex Offender Laws accused Cherokee County and Sheriff Derrick Palmer of violating their constitutional rights in a lawsuit moved to federal court Wednesday. The case was originally filed in state court in early October but defense attorneys opted to change venues, citing issues related to federal case law.
Attorneys for the offenders, defense attorneys and a representative for Cherokee County and the sheriff’s office did not immediately respond to McClatchy News’ request for comment Thursday.
The lawsuit seeks $5 million in damages and a jury trial, according to court filings.
HERE IS A COPY OF THE LAWSUIT: Crisp v Palmer – NC Halloween
The case says plaintiff voluntary dismissal with prejudice. So did they settle(aka county pay out) or was this a lost? Any update?
Now if a group of them would get together and sue the state for violating their religious freedoms, for not allowing them to attend church!! NC completely violates its registrants’ CONSTITUTIONAL RIGHT to go to church! The law said they were going to have to allow them the right to go to church, if I remember correctly, but I know for a fact that as of 2019, they still were not being able to attend and could actually be arrested for it. They also cannot go to parades, shop at the mall (another violation, right to free commerce or something). One person I know there, was arrested for eating in a restaurant in a very small town, because the cops claimed he was at the gathering in town that day, simply by being in this restaurant near the gathering. In a small town, you can’t avoid going through, or at least NEAR a large gathering of people. It’s all in one area, and so was the restaurant he was eating at. It’s truly unbelievable how NC gets away with, not only violating their rights, but CRIMINALIZING them for eating and shopping according to their Constitutional rights!!
Married
If what you are saying is true, then any judge who doesn’t throw this out is either 1) Ignorant 2) prejudice 3) afraid to go against the status quo or 4) just plain hateful, mean and unable to apply the law properly.
They’ve had the same sheriff for like 20 yrs, so no political debate almost. Everyone just goes along with what this sheriff says is law in his county. No one takes it to court. My husband was not allowed to go to church, so it affected him personally.
And I believe it’s not a either or situation, rather than they are ignorant, prejudice and afraid to go against the status quo CherokeeJack. It’s bad, and I’m shocked that no one there has contacted the ACLU about this.
Married
When you face arrest for attending religious services, that is the final straw. I am a Christian but regardless if you are Jewish, Muslim or none of the above, everyone is guaranteed amendment #1 of the bill of rights is :
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
Oh I know it’s a Constitutional violation! That’s why I’m so shocked no one has been represented by the ACLU, or any other law firm for that matter.I know they are enforcing a very serious miscarriage of justice to our families and marriages, in NC, by forbidding them to attend church, which they SHOULD WANT registrants to do because it makes you a better person to have faith and to be able to practice your faith.
I am confused about the update. One suit was pulled and another one filed. I would imagine part of the money would go to the attorneys or is a different amount awarded to attorneys if the suit is won?
Obviously we are all being FORCED to check in for registration. That in itself is unconstitutional especially given the low reoffending statistics and that very few of us are “tier 3”
Tiers are an arbitrary number.
I moved from Alabama, a state that requires everyone to register for life (although AL does have a predator category, I’m not classified as such), to Ohio, a state that has a Tier system. By virtue of the fact I came from a state that requires lifetime registration, they classified my a Tier 3 (after two years of being classified a Tier 1 based on my offense, a decision made by the Sheriff’s office). I tried fighting them and lost; their rationale is that I have the burden of proof to show that I’m not a “predator.” How in the hell do you disprove something in court when such decisions are made on assumptions?
@ Derek:
Check out the evidence code in whatever state you’re in. Most states evidentiary laws provide that since negatives cannot be proven, the burden of proof is on the opposite party to prove the affirmative. Granted, a lot of lower courts read a “sex offender exception” into everything, but if nothing else should give a good ground for appeal.
Derek
I have been in Florida since the 70’s. It has been 30 years since my charges. I started off on tier 1, then went to tier 3 and a few years back they moved me a to a tier 3.
NOTHING on my end changed, no new charges etc. I tried to fight it stating 30 years of no new charges should be good enough to show I am not a threat. I was told either I just hadn’t been caught, I hadn’t found the right victim or me not offending means the registry is working. ???????
Tier 3 in Florida??? No Tiers here.
Florida has tiers. They just go by different names. And there is no Tier 1.
Here is from a law firm in Florida They call them levels but like I said, who cares what you call them
communitylawfirm.com/faqs-about-florida-sex-offender-laws
Apr 06, 2020 · Not all sex crimes are equal, and in general, those convicted of “lower level” crimes like public indecency or statutory rape will be subject to fewer rules and restrictions than those convicted of serious or violent felonies. In Florida, there are three categories of sex offenders: Level 1, Level 2, and Level 3.
Any law firm that thinks florida has three categories; level 1, level 2, and level 3 is a law firm that should be avoided.
FAC
even though I disagree, I appreciate you at least posting my response and replying in a civil manner. Not always the case on here. I never know who is behind the keyboard replying on behalf of FAC .
Sometimes it is civil and sometimes we get our heads chewed off. I thought there was a grudge against just me then a few times I saw others on here getting a tongue lashing just for posting their thoughts or 2 cents worth.
We are all frustrated over our situations but we know together we stand and divided we fall.
Look I’ve been on this crap wrongly the state I was sentenced in put me on it wrongly and once they realized that they removed me but I was living in South Carolina and they told me that if I provided them the paperwork that says I was removed they would also well they didn’t and I moved here in Florida well Florida says if I can get sc to remove me they will well I can’t achieve that. So the county I live in won’t allow me to go to any beech or parks ( I’m talking dog parks) well I have had a few cops try and intimidate me well I just got charged with battery on a leo and the cop poke me in my chest 3 times and all I said to him is if he does it again I’m going to stop him. My point is this I’m sick of this and I’m not able to keep this up no more. So I’m going to do what they want me to do I am giving up on life. Peace world
Donald
Please do NOT harm yourself. Regardless of what we are going through, giving up is what the bastards want us to do.
God will never give us more than we can bare. Think of the people who went through the Holocaust. They did not give up and many were rescued by the Allied forces. They lived to tell a the stories of what happened.
I am sure there is someone who loves you. Maybe a parent, a spouse, your children (If you have any) and some good friends.
Please talk to someone, a counselor, a pastor or someone. But whatever you do, DO NOT become another statistic Please.
Seems odd to say but $5 million does not seem like enough compensation for damages and for preventing this sherif and others in the state from violating people’s rights in the future. Hopefully, they will amend their compensation request to a much higher amount.
Sentinel
As a former law enforcement officer myself, I can tell you, pinning that badge on your shirt makes you feel 10 feet tall and invincible. Now imagine you are the Sheriff in charge of ALL those men and women how much power you think you have?
#1 I NEVER let my authority go to my head and treated everyone with more respect than some gave me. #2 I resigned after a few years of watching abuse of power by power hungry officer and people getting the “George Floyd” treatment. I tried to report some of the things I witnessed and that got me moved from an investigator to a crime analyst.
That was the 1980s and the news barely covered police abuse back then. I followed the news closely knowing one of them would eventually be on there. I won’t name him ( more for my protection than his) but the biggest abuser was on the news for beating his own wife. I guess he took out his anger he had towards his wife on citizens or vice versa?
I am sure the 5M amount was to say “Do I have your attention?” Whereas if the number was 100M, the Courts would most likely act as if this amount was just not realistic and dismiss. The amount is less important than hearing the case was found in favor of the registered citizens. Keeping my fingers crossed.
Why was this case moved to federal court? Why does that matter? Please explain, FAC. Thanks
Not sure, this is not our case. If we get a copy of the pleadings, we will update.
Here’s one update…Counsel at Womble Bond Dickinson on Wednesday removed a civil rights lawsuit against Cherokee County and Sheriff Derrick Palmer to North Carolina Western District Court. The suit was filed by Dobson Law Firm and King Law Offices on behalf of North Carolinians for Rational Sex Offender Laws and approximately 80 residents listed on the sex offender registry. The case is 1:20-cv-00322, Crisp et al v. Palmer et al.
We will pull the pleadings from pacer and you can read more there.
Reading the article, I just wanted the reporter to make that little leap of intelligence where she understood there is a difference in registrants who are on Parole or Probation and subject to a host of stupidity and those that are just on the registry.
For the latter, State and Local law dictates what the registrant has to do and how often but also limits law enforcement in what they can demand. Provided none of these people were on parole/probation and there is no State or Local law regarding Halloween registration, the Sheriff had no more right to demand these people show up than he would everyone in the county with two drunk driving convictions.
For all of us NOT on paper any more, being forced to “Check in ” at any time for anything is basically probation. When I was on probation, you were a ward of the state basically and had to do pretty much anything they asked of you.
Once you are off probation, although still considered a felon (Ex-felon) with a few exceptions you can do pretty much anything you want that is legal to do for any other citizen. Now enter the registry. We have gone over this time and again all the things that we are not allowed to do or places we are banned from.
Cops showing up at our door whenever they please and having to forgo holidays and get togethers is in a sense, a lifetime of probation. I do not believe a single judge on the bench believes it is not punishment. Rather, none of them want to be the judge that saved the scary sex offenders from having to be accountable.
The few judges that do make a ruling in our favor, have often been ignored by the states in the form of enacting the orders.
Then we have the lazy supreme court who gets the benefit of “Just refusing to hear certain cases”. The definition of the word justice also has many meanings, one of them is: the quality of being fair and reasonable.
Awesome!!!