Third Lawsuit Filed This Month Challenging Florida Sex Offender Registry
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!
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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