Another federal lawsuit has been filed challenging the Florida sex offender registry. This one filed in the Middle District of Florida and assigned case number D-FLM-6-18-CV-001731-001.
This suit represents the third constitutional challenge to the state’s sex offender registry filed this month (actually, the second was filed last month and the State removed it to Federal Court this month).
The next couple of months will be very interesting!
I need to get in touch with someone on this case. I need to be on board getting me off of this list I’v been on list since 1991 for someone seeing me in bed sleeping naked. Could you direct me please.
The style for the Middle District of Florida sexual offender registration lawsuit filed by Estes-Hightower PLLC is John Does #1-60 v. Scott et. al., case no. 6:18-cv-01731. Assigned Judge is Carols E. Mendoza, assigned magistrate is Karla R. Spaulding. Actually 70 plaintiffs in complaint at this time. Nine claims for relief including Ex Post Facto. BTW, keep an eye on Boyd v. Washington petition for cert. SC18-39. Petitioner seeks comprehensive reexamination of Smith v. Doe, in-person reporting as punishment for homeless persons is the case hook.
I have been removed from Registration Requirements in Tennessee. Paperwork confirming such from TIN. The Adam Walsh Act and Florida along with Sorna have cursed myself and thousands others to lifetime punishment THEREFORE CREATING A CAST SYSTEM OF DISCRIMINATION TOWARDS AMERICAN CITIZENS ! My charge was having sex with a CONSENTING MINOR over the age of 12, under the age of 18. STATUETORY RAPE OF A MINOR. Yes I had conceptual a fair with her, yet we married, had two children and today this Sex Registry ended my wife’s life with suicide and I gave up my parental rights to my children to STOP ANY PAIN FROM MY REGISTRATION AND THE FACT I WOULD NEVER BE ABLE TO PROTECT OR EVEN GIVE THEM A GOOD HOME BECAUSE OF NO EMPLOYMENT !
How any person can be punished under Adam Walsh and any Federal Laws involving “RETROACTIVE INCRIMINATIONS”, how can the Judicial Branch of Government sit back a do nothing until some case comes along that some how a registered sex offender even had the finances to get even heard! Anyhow, it has been 18 years on this REGISTRY, 17 years of no children, continued HARRASSMENT every 6 months by over barring officers coming to the same house for said time mentioned and also being forced to re-register every 6 months and getting shamed over and over by their questions. Sad. And UNCONSTITUTIONAL AND WHY CAN’T I USE DECISIONS FROM ONE FEDERAL DISTRICT IN ANOTHER? WHY SO MUCH RESTRAINT BY GOVERNMENT.
Why is there not a lawsuit getting prepared for all these Illegal ICAC sting operations that are run like 20 times a year here in Florida and ruin hundreds of lives a years as well? Not to mention breaking up families for no crime at all? why is this not being talked about here enough? I bet there’s plenty of people on this site that are RSO’s because of this crap, and if this does not stop there will be hundreds of more RSO’s who never did anything AT all and got their lives ruined. Where’s this Pransky follow up story that exposes some hard truths? I and others have emailed YOU and him to no avail. Where’re our voices? Or does prevention not count?
Because we are unable to fund lawsuits that easily.
How much os needed i will support this
We have a thermometer on our website showing how much we still need to raise in order to bring us to the next phase.
I had just join AZRSOL since they are a new chapter in AZ they could
not provide an answer to my question about Gundy Case and, Attorney General….I understand Gundy is challenging his case on a Federal level Lets say he wins in the SCOTUS My crime was in 1991 way before A.W.A and FSONA of 2007 my burning question is how does(Gundy’s Win) affect me on the State Registry when both states have a life time requirments Please explain this to me in layman terms using the short version or Summary thankyou
Joesoph, there is an amicus brief in order for Gundy. It will be heard this session and the link for all amicus briefs for 2018 is here: http://www.nacdl.org/Amicus/2018/ Gundy is about 1/4 the way down.
I also post many updates of this sort on sexoffense dot org and as dot womenagainstregistry dot org. I hope this reply goes through without being tag as too many links. I have been an advocate for Registrant action since 2008. Also, I have heard there is now an RSOL in Arizona and would like more info. I am very involved with Vickis group and we have been getting a lot of motivation from all the similar groups who have joined in the ranks of fighting this constitutional-less SORNA.
While we are on this roll against this unjust life time punishment that Florida is illegally imposing on those labelled as “sex offenders,” let us not forget another very important issue: the out of state challenge!
Now that the other challenges are funded and moving forward can we work on funding the out of state challenge that would really have a devastating blow to the Florida registry by basically cutting it half after removing all those listed who are NOT physically in Florida!
This is vitally more important for those STILL LIVING IN FLORIDA as it would show that the registry doesn’t exist for public safety to show where RSO are but rather simply to promote FEAR with lies such as the artificial numbers – now that would be blow against the Florida registry that everyone would benefit from!
Bend Over —- (Dripping with sarcasm)
OMG Bend Over, you/they cant cut the registry in half!! That would mean layoffs for the “sex offender units”, less money to waste, less clout, false facts for Ron Book and his “alleged victim”, Lauren. (who seems quite stable to hold down a job in politics while “trying” to play the “”VICTIM””) And dont forget his “money laundering scheme — The Homeless Trust”
How would Ron be able to lobby for bigger prisons?
How would he be able to spread false facts and lies about the TRUE number of sex offenders in Fla.???
How could he have another interview with Jim DeFede about “residency Restrictions” when half of the residents are NON_EXISTENT ????
We cant do that….. That would be telling the truth and backing it up with a little thing called FACTS !!!!
We cant do that…. 😉
Many existing residents of Florida would benefit from the options created by a successful out-of-state lawsuit. That’s why it’s not just out of staters funding it.
I wouldn’t be surpised if there are more lawsuits popping up. I think there are five or six Federal district Courts in Florida and two of those six now have Civil cases The state going to be busy. It be asking too much but someone should file in Tallahassee and assault their backyard as well Let them as a Sex Offender We have others who hear our cries too
There are THREE federal districts in Florida. Northern, Middle and Southern.
Not sure what you mean by “someone should file in Tallahassee and assault…”
I was saying should file another case in Leon County which is the lawmakers backyard as for the assault I mean to attack them where they have home advantage and feel too comfortable and have them fight a three front war
We do not have funds to bring another suit, especially where it will have claims duplicitous of our current lawsuit.
Generally, when a suit has Federal Claims it needs to be filed in Federal Court.
ok thanks for explaining this better, You do a better job then the public defender did for me
Where can I find your lawsuit/case to read?
We have to fully fund FAC’s out-of-state challenge.
What is the status of getting out of state people off of the florida registry
I can tell, the status, more people need to contribute only 7100.00 raised of the 25000. needed
FAC’s out-of-state challenge is 28% funded, at $7,104, as you will see from the FAC Out of State Challenge Thermometer.
The challenge requires $25,000, then we can bring it. For now, we have to keep funding it (myself included).
Are you still trying to challenge the out of state requirement for registration? If so, how much is still needed?
The Out-of-State Challenge needs $4,500 more and then the process can begin. Scroll down to the Out-Of-State Challenge Thermometer below. The challenge fund contains $16,500 out of $25,000 needed (it contained only $11,000 just weeks ago!). A matching donor has pledged the final $4,000 once $21,000 is reached.
Good job FAC! I could not read the entire recent filing, but it is all there. Glad to see a case moving somewhere.
I’m rooting for FAC lawsuit it has better issues on the Ex facto plus Val Jonas started in law in 1984 That alone with her experience is good enough for me she been there and done that I am not sucking up to anyone just saying i looked her up she has several branches of law under her belt.. You go Girl !!!!!!!
The seem similar. It will be interesting what would happen if one Federal court favors us and the other does not.
@ Bobby: If there are conflicting rulings … and if there are enough of them …. they will likely catch the attention of SCOTUS. SCOTUS would then, hopefully, seek a case requesting Cert. that offers them good, clearly-deliniated arguments to rule on.
These are in the Florida District Courts. Before it goes to the SCOTUS it would go to the 11th Circuit Appellate Court, which has no court to conflict with other than another circuit’s.
Florida is on a roll !! Loving it !
Yes Debbie let us all pray that one of the three if not all three squash this crap once and for all
I’m with you Joseph. I really hope so!
So there just happens to be 3 different lawsuits, with the case involving John Does 1-5 being the Ex post facto case that Florida Action Committee is specifically behind, correct? 2 are in Miami, 1 in Orlando all with the Federal District court. Just making sure i got this all straight. The three cases for anyone who wants to read them:
https://floridaactioncommittee.org/wp-content/uploads/2018/10/Does-v-Bradshaw-ET-AL.pdf
https://floridaactioncommittee.org/wp-content/uploads/2018/10/Does-v-Swearingen-Complaint.pdf
file:///C:/Users/rpsab/OneDrive/Documents/middledistrict.pdf
Oops:
https://1drv.ms/b/s!AkRbt5mliQ8shc5CevkOHa2pl0iOtQ
Correct – Does v. Swearingen is FACs.
Doe v. Bradshaw was removed from the State Court by the government. It’s as applied to one Plaintiff who paid his own attorney to file on his behalf. We’ve spoken to Cindy D’Agostino, that attorney, and we will be collaborating.
The third case, filed yesterday, in the Middle District is the Estes-Hightower case. We reached out to their FL attorney with some concerns about their complaint. He did reply and apparently they will be amending it.
Thank you, FAC, for gaining their cooperation, making their filing better, and generally keeping it all under control.
Yeah, that Middle District complaint is a bit of a mess. 😉
We’ve offered to help them out. I hope they take us up on it. At the end of the day, we want ALL to win – we just don’t want anything less than good out there that can potentially create bad precedent.
Regarding bad precedent, here’s a question that’s keeping me up at night.
If the law firm does not accept the free help, how likely is it that this third suit will be counterproductive and muck things up?
Because I am really hoping that Estes-Hightower has an open mind and put any ego considerations aside. They would be doing their clients a favor, IMO.
Went back and forth with their Florida local counsel and he was actually OK.
That is a relief. If people on the same side are listening to one another, what more can we ask? 🙂
” we just don’t want anything less than good out there that can potentially create bad precedent. ”
I agree, if you’re going to do something and put work into it – any type of work, then do good work and go all out, and nothing half baked. Nothing bothers me more than wasted energy because of no effort. For that I just won’t even bother. Speaking in general in any type of work or project, not just about this.
Thanks FAC for the info. Does anyone know what judge is assigned to this case? Some judges in the Middle District of Florida, particularly the Orlando Division (i.e. home to some of the most influential theme parks in the country) have given harsh sentences in child porn cases. Also the U.S. Attorney’s Office and the U.S. Probation Office here have a history of harsh treatment of sex offenders. So it would be great to some favorable ruling(s) from an unbiased judge in the Orlando Division…if one can be found.
Carlos E. Mendoza, presiding
The AUSA won’t be handling it because this is a Civil Suit and the State will have their own attorneys handling it.
Here is a link for information about Judge Mendoza. Notably, the link says he has replaced Judge Antoon but that’s not entirely correct since Antoon is still on the bench and he is known to be harsh on sex offenders and make up facts that arent part of the record. Maybe Mendoza, a much younger judge, will be more fair.
https://en.m.wikipedia.org/wiki/Carlos_Eduardo_Mendoza
yeah Tim is right Orlando very harsh district They were handling out long sentences like Santa does candy canes…. I caught a 20 year sentence there There is a Judge I think he still there Judge Stone They had him under investigation The inmates @ 33rd street County Jail were calling him the “Time Machine” He would not give less then 15 years…. The State Attorney would offer deals like 5 yrs but the judge went beyond that
This suit has over 60 plaintiffs in the complaint, I.E, there is a LOT of money behind the suit…Hoping for the best on all the suits.
Id like to know that as well. I’m sure FAC will release more info about all three cases and their differences if any at some point.
Could you provide a link so I can read this. I know you provided a case # but I dont know how to find it… Any help??
Oh…..
As I struggle to stand and try to take a breath, I try to burst out in song “GOD BLESS AMERICA!!”
We will add more details shortly