UPDATED: Sex offenders sue after North Carolina county requires Halloween registry check-in
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
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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.