Federal Class Action lawsuit against Tennessee Sex Offense Registry for Ex Post Facto
A group of eight individuals forced to register filed a Federal lawsuit seeking relief from the Tennessee Sex Offense Registry. Judges ruled in 2021 that the 2004 changes to Tennessee’s registry were punishment and unconstitutionally ex post facto for a person whose convictions were prior to then. Recent rulings affirming these rulings were made to benefit single individuals. That would require anyone else whose convictions were prior to 2004 seeking relief from the registry to file an individual lawsuit.
Lawyers for the eight have certified the lawsuit as class action so a win would benefit all Tennessee convictions that occurred prior to 2004.
The State of Tennessee has not yet commented on the lawsuit.
While court case facts, state constitutions and individual state registries vary, a win in a Federal Court would be a citable win in lawsuits in other states and federal jurisdictions.
Praying for relief for them and all of us. I have always said, those who NOW commit a sex offense, know they will face a registry. Those of us who were pre-registry had no such thing to think about. Maybe it would not have mattered in our decisions, but legally, retroactive laws, especially punitive ones are insane.
For example, people who own cars/trucks that are old enough to not have seatbelts, can still drive them without seatbelts legally. To me that is a safety concern, however if that person wants to put themselves at risk, the law allows it. (At least here in Florida, not sure about other states). I use to own one of those, it was a 1960s vehicle that had no seatbelts.
100 percent agree!!!!
I do not want to put the cart before the horse here, but the Federal Sixth Circuit, of which TN finds itself, has already ruled in Doe V Snyder that Sorna Was Ex Post Facto and could not be applied retroactive. So hopefully this court will rule in the classes favor as as far as I can see the Sixth Circuit ruling is a Precendant and not just persuasive. But a lawyer I am not.
Michigan did the same thing but 1000s are either still on it or were re-applied. Even if Florida said it was punitive, they would find some way around it, or try and dig up old charges that they say were accidentally applied to your sentence.
Just got to love the hypocrisy of politics and law.
I hear that and know. I was born in MI and have family there and it is a possible destination for me but still holding out hope for 20 year mark. What happened is the legislature rewrote the law leaving out the major punishment parts and kept people on it. but there is another suit going on so we will see.
The way that Tennessee law apparently works is that if you are a “regular” registered defender, as opposed to a predator, you can get off the registry after 10 years. But the caveat is that it’s 10 years from end of sanctions or five years of being on the Tennessee registry, which ever comes later. I’m wondering when that alternate five year was imposed on out-of-state registrants? Also, that five year period all of the restrictions, including Internet, identifiers, and the thousand foot residency restriction. So, even if you didn’t knock out the five-year rule, could you knock out those provisions? I relocated to Georgia and as I am a pre-2003 conviction, I am subject to none of the additional restrictions. That was the result of a couple of court cases back around 2010–11, where both the local federal court and the states Supreme Court declared these type of things to be ex post facto eligible. But I guess that it never got beyond Georgia because the state of Georgia wasn’t going to appeal a decision of their own Supreme Court, so they just wrote a new multi tiered version of the law
@JoeM
Do you have those GA case references opining what you wrote? They would be good to refer to along with 6th CCOA (MI), PA, and MT cases.
Joe GA would be an option for me what all do you still have to do? I am pre sorna period. My pops is actually looking at property in North GA.
Did you petition to be removed in ga,?
How did that go? I’m also pre 2003 who relocated to ga
Given it is precedent in the 6th CCOA, of which TN is part of, this hopefully is ruled that way and is another case to use as persuasive along with MT, PA, and the entire 6th CCOA (MI). @JoeM said GA ruled the same a decade ago so when those cases come to light, add them to the arsenal of persuasive/precedent cases for others to use.
I have a feeling this may be set aside pending the decision of the current DOES III we have in Michigan that’s in the 6th circuit. Judge Cleland (6th Circuit) already ruled on similar issues but Michigan said it only applied to the original DOES litigants, which is why we now have a class action.
If you haven’t read the complaint, you really should because the ACLU threw everything and the kitchen sink at Michigan on this one. Its very good.
That is what I thought all along would happen here in Florida. The Doe’s would be the ones applied to and the rest would have to file their own suit. A lot easier for a judge to allow a couple people off instead of taking down an entire registry.
They do not care it is punitive, they are afraid of being labeled as offender advocates and losing credibility with their peers. For politicians, it is called shooting yourself in the foot.
Not so much with federal judges who are nominated by the president and confirmed by congress. Federal judges don’t have to worry about getting reelected because the appointment is for life.
Judge Cleland was a very good judge for our Does II suit because he was very fair and adhered to the Constitution. He wasn’t swayed by popular opinion at all. This country needs more judges like him.
Even though I am a devout Christian, I use to laugh at all the talk about the “illuminati”. Not at all because I do not believe they exist, rather that I did not think these things would move so quickly into place in my lifetime.
I was born on a military base and my father was a “Lifer” in the service so all I ever knew was the power and might of the U.S. Now with each time I watch the news, I see our country and its values eroding bit by bit.
Anyone who stands for retroactive punishment is just a miserable person. What has happened to our legal system when you can create a registry to embarrass and endanger someone and their family, well after they have served their time, and then call it a civil program. Nothing civil about it at all.
As one of the ones that have to register because of plea bargain that I took that had no victim I can say that I care about it being punitive. I care about not being able to visit my son and granddaughter because they live within 400 ft to an in home daycare center. I care about being homeless because of the limitations put on my dwelling. Had i known that my plea would have later been made a sex offense I would have taken it to trial. I care that because I had more than one case I was made a violent for life again with no victim. Promotion of prostitution. The first case was where I owned a brothel downtown Nashville TN and the second case is where I did a date escorting myself with a CI during a sting operation. I have been sexually assaulted and victimized and hate being put in the same category. I did my time and should not have to worry about reporting or going to jail. At first they said 5 yrs then when I petitioned to be take off is when they said because of two separate cases I was made violent for life. Tell me how is that fair. I was sentenced on both by February 2004 then after it was made a sex offense. I am not a predator! And shouldn’t be classified as such. And if I don’t have a ride and can’t make to report. I shouldn’t have to go to jail.
If this ends up being the case here then either file pro se’ and site the cases or Find a lawyer in FL who will Partner with the Florida ACLU and File the Class action lawsuit. Idk. For me the answer is so easy that it is pure ignorance as to why its not done, it is simple. Applied to you is what was in effect at the time of Offense. Pre 1997 then you are under Jacob Weltering Act Federal and off in 10 years with no state registration period. If Pre 2004 and after 1997 then you are under the 1997 Laws. If between 2004 and 2018 then you are under the 2004 laws and if after 2018 then you are under are under those laws. If the Legislative body every passed a bill like that 95% of the lawsuits would be moot.
Tearful
It is the same ideology when I asked my Father “Papa, why are you spanking me?” and he would answer “Because I can”.
My fiance was originally played out guilty too sexual battery in New Hampshire position no jail time 10 years on the registry and when your probation the condition was 1999 December however upon moving to Tennessee as a tier one offender has made to become a violent offender possibly stay on the registry for a lifetime it was made into a class a felony or worded to be that almost he had violent against children put in red across this picture it seemed like criteria just kept being reworded to meet their standards however he’s violated five times now and went to jail for the crime none has misdemeanor and now facing four felony charges for not registered please help me figure out who to contact to get him on the lawsuit and get him off the registry who do I contact pro bono I have no money
Please tell me. I called and for $20,000.00 they are sure they can get me off the sor! I’m so sorry it’s crazy!!
@ David
No lawyer can guarantee an outcome in any type of case.
Thank you. I realize that, was in my feelings the night I wrote it. The lawyer said he had great success with cases such as mine and stated for twenty thousand dollars he could most likely get me off the registry as my plea date was before the registry even existed, it has been thirty years and I don’t even have to register in the state I plead in so I stand corrected no one guaranteed me anything.
Thank you for your help. Much luck and success.
I so agree with what everyone is saying. I plead out in Kentucky in 1991. To this day I do not have to register in that state but I moved to Tennessee and had no idea that I had to register! Not only got arrested, but apparently Tennessee can take a charge from another state, compare it to a law in their state and turn a class c felony into a class b and stamp violent sex offender on your face, take every bit of your information and put it on a public forum, slander you, tell you where you have to live, keep you from getting employment, keep you away from your kids, grandchildren and family/friends, make you pay 150.00 a year, put your life at risk of anyone tracking you down to kill you, and tell you that you cannot decorate the house you bought and own for Halloween. Comply with all that or be charged with another felony and jailed. Civil? I think not. I was on State probation from 1990-1995 and did not have that many restrictions. When I agreed to the plea deal at the age of 19, I did not agree to any of that. I am now 51, have never been convicted of anything in this State and they want to call this nightmare civil! PUNITIVE!!! EXTREMELY PUNITIVE!!!
Lawyers and politicians like governor Lee needs to abolish the CSL so all of us can live a life. Instead of them being afraid to touch an iffy subject to protect their seat positions from the rich here in Nashville and the rest of Tennessee paying for their political positions so they can be in the power they have, but they just need to suck it up take a risk and do something right for once to show they actually are believing Christians instead of hypocrites. CSL needs to be abolished and let all of us offenders live a free life like murders, robbers, drug dealers and ,and others with convictions can. We all served our full time, It’s time for everyone on CSL in Tennessee to stand up and contact politicians , need agencies, lawyers, legal aid in our towns, and protest our constitutional rights are being violated and we deserve to be human and nit treated like slaves .
CSL is a hate crime we need recognition from the news and everyone on CSL can report this to the FBI as a HATE CRIME, because it is.
Everyone needs to protest that’s how others hotten things done.
Yeah, I’m in the same boat brother.
Feb. 22. 2024 is the 90 day limit from the Sex offender Class action Lawsuit which was filed November 22, 2023. How important is it to have our constitutional rights Respected?? I would say just as important as the founding Father’s intended. Everyone is affected by the 14th Amendment violations that happen every day. Everyone is qualified for relief under the 14th Amendment.
Does that mean the ruling for the class action lawsuit is today?
Amen!!
The state of Tn. is out of order and they know it. There is no hope for evil doing. Its time to stand down lawmakers for the state of Tn. now stand down stand down now
It is time for the State of Tenn. and its law -makers to make a offer to all parties concerned. For me the cap being $75,000 but removal from the sex registry and 1/3 of the states cap,being $25,000. will and {SHALL:} MAKE ME WHOLE AGAIN,,,It is so prayed on this the 19 ths. day of March 2024
signed by,GREGORY TURNER
The cap on civil law-suits in the state of Tenn. is $750,000.00
Tennessee courts are bound by the United States Spreme Courts interpretation of the United States Constitution.
I can see is now the law makers for the State of TN. saying to each other, come on men let us make a law , staying every one that has ever been convicted for D.U.I will need to sever a 10 year sentence and we will apply it retroactively,,,here we go again with another class-action law suite.