MN: Apple Valley settles lawsuit over sex offender residency
The city of Apple Valley has agreed to settle a class action federal lawsuit filed in 2020 that challenges the constitutionality of a 2017 city ordinance that limits where some sex offenders can live in the community.The Apple Valley City Council, without discussion, approved a settlement agreement as part of the consent agenda during its March 25 meeting.
According to the agreement, one payment of $70,000 will be made to “resolve all claims for damages, fees and costs.” Of that total, two plaintiffs will reach receive $15,000 while the remaining $40,000 will go to their attorneys. In the agreement, none of the parties admit any liability or validity of the claims or defenses asserted.
The lawsuit alleged that the restrictions imposed by the ordinance “are so severe that they effectively ban individuals subject to the ordinance’s restrictions from residing anywhere in Apple Valley,” according to court documents.
The attorneys representing the offenders argued the ordinance violates the Constitution’s ex post facto clause, the lawsuit said. According to Cornell Law School, the clause prohibits governments from passing laws that “retroactively criminalize behavior.”
So the ordinance remains in force? Or only for new registrants? Or not at all?
Those are the main questions an FAC member would want to know, but the article doesn’t say.
I am fine with the lawyers getting paid for their success. Our own lawyers do the same when they win.
If more lawyers took these kind of cases and we sued the crap out of the city’s / states and counties so much more progress would be made and the government would think twice before making tighter restrictions if any at all
@no hope.. they don’t care about getting sued. Actually, litigation goes to the politicians law firm friends who get paid $350 an hour or more, on the taxpayers backs. Then said law firm probably “returns the favor” to the politician for referring the work to them. Sometimes it’s the politicians sons or daughters who work at or own these connected law firms. Big game in this part of NY.
“The attorneys representing the offenders argued the ordinance violates the Constitution’s ex post facto clause, the lawsuit said. According to Cornell Law School, the clause prohibits governments from passing laws that “retroactively criminalize behavior.”
Bingo! Ding ding ding ding.
Hello all this crap violates Ex post facto clause, and yet getting judges to agree is harder than a blind Grandma tightrope walking across the grand canyon.
And sadly, it was just the lawyers saying it and again, not a judge. But perhaps this win can be used for some good in similar situations.
This may sound odd, but to me, it is not the court wins that matter, it is the losses. The wins are great and what we strive for. But the losses help us take a step back and come up with amazing strategies to land a blow to the registry so harsh that the other side runs home with their tails between their legs.
Also, sometimes we get a win that is a loss. Look at Michigan. It took years for the state to actually start enforcing the court orders to fix the registry. AND no one did anything about it but send a stern letter saying they would be sent to the corner with no cookie if they didn’t comply.
I do know something most do not know. Since I worked in law enforcement I saw some things most do not see. After a court hearing, sometimes the Prosecutor and the defense go have lunch together. It doesn’t happen often because it can be seen as a conflict of interest, but nothing keeps them from talking “After” the case is resolved. Some of the guys and gals I knew on opposing sides were actually friends outside of work.
My point is, if you have a shady lawyer who throws you under the bus, he or she may have made a behind the scenes deal behind your back. For example, you are pleading not guilty and your attorney tells the prosecutor to not give you life and you will plead guilty without consulting you. Believe me, it happens occasionally.
@CherokeeJack: I dunno that I agree with losses helping our cause. It’s the winner of a case who gets to pen in the other side a little bit more each time. Me, I’ll take any and every win, no matter how small or (seemingly) inconsequential. Eating an elephant happens bite by bite.
As for the chumminess among the officers of the court, I concur. In my case, it greatly worked in my favor. I won’t give details about any of it but shocked the reaction from other attorneys in the court room regarding my relatively light said it all.
This might be a good time to remind people, and myself, if they can, donate. Even $5 matters.
So how does this affect our own Ex-post facto case or does it?
This has nothing to do with our case or Florida
I see that. as usual, the LAWYERS were paid MORE money than the injured parties.
Where is the justice in that??
Not enough money. Not by a long shot. This podunk town needs to be financially eviscerated. Want to rape the constitutional rights of the most vulnerable? They should be drained of all funding for schools, police, fire, roads, etc. to settle the lawsuit. That should be the choice they face. Don’t settle. Push, push harder, and crush these fascist scum.