Recent out of state challenge filed in Northern District of Florida
Attorney Ann Fitz has filed a lawsuit on behalf of a man who remains on the Florida sex offender registry, despite moving back to Oklahoma, the state where his underlying offense occurred and a state from which his registration obligation was removed.
The case also includes a second component, whether the FDLE was authorized to make a unilateral decision that the Plaintiff’s out of state offense required registration in Florida, without any judicial decision.
A copy of the complaint can be found here:
Geez,
That Swearingen guy sure gets sued a lot.
I feel like I’ve read this case already – a few times! I wonder if Ann Marie Fitz is aware of the fact that she’s bringing the same (losing) case to the court. The Court will take the stance that since this is not punishment and since there is no “proof of harm” and since the State of Florida has a legitimate desire to protect children, then there’s nothing they can do. I wish I could be more hopeful, but we’ve just seen this over and over again, right?
The other cases were dismissed because of statute of limitations issues.
And who knows which case/which judge/which court will be the one to bring house down. Won’t know unless a case is filed. I just worry about “court fatigue” on this issue.
As I stated, the difference may be but in this case, Florida appears to clearly be violating their own law AND Martin County didn’t force him to register for a goodly of number of years after he moved to Florida and did not attempt to prosecute him for the time that he passed. The facts of the case or even more dodgy than normal. IfFDLE chooses to stick their head in the lions mouth in this case rather than just take the guys information off of the website to avoid the risk, it will be interesting to see if and how the federal court addresses the issue raised regarding him no longer being subject to Florida’s jurisdiction regardless of where he Was initially convicted.
rpsabq
I wish every time a judge states “it is not punishment and since there is no “proof of harm”, A new mole would grow on their faces. We have 1000s of stories of REAL crimes committed us, with even a few deaths from being on the registry. But there is no harm?
Good news for Lindsey bad news for everyone else is that this case on its face appears to be a pretty easy one to “solve.“ If DLA just says oops and takes down his information because they are clearly in violation of at least one provision of Florida law. Of course, what FTLE will probably do is say something stupid like well he’s not really registered anymore because he’s not obligated to update his information and less he re-enters Florida. I’m curious as to how the hell they decided all those years after he moved to Florida That how he was someone who needed to register? I know Martin County is one of the screwy counties, but you almost have to think that someone that previously knew ratted him out.
Joe M
even if florida takes it down they will not delete the information out of the system and the LEOs will still have full access to it on there side so if he gets pulled over they will think he is still registered..
I was a very lucky person I had to reg in another state for 10 yr hitch was never on a public site ..well my dumb ass moved to florida and the last 2 yrs of it I was on public site..now my 10 yr hitch was up in the other state I send my letter into FDLE and they too released me..
yrs later I go threw a costody battle and ill be damn if the information including the flyer showed up in court.. I went screaming to the Pasco county SO they pulled up yea it was there I explained that it was used against me in child costody b prepared to have your ass’ sued.. they did infact hit the delete button right in front of me and it was verfied Via sex crimes unit. when I ask them to pull it up.
as for the costody battle I did win my case and took my children…come to find out the Ex was banging a PSCO officer she lost the children he lost his job… just sayin that in a release letter it states all information pretaining to your offense will be removed from public web sites as well as the local sherriffs will remove all information
this was in 2007 I remained in florida till 2017 off and on then desided it was time to get out b4 my luck ran out..
My petition for removal was just granted in Orange County and I’m wondering what kind of fight I’m going to be in with LE and how many data bases I will have to send a “remove me or else” letter to. It would seem that once FDLE is given a copy of the order for removal, all other agencies will be required to follow, FCIC, NCIC, Interpol, etc. Time will tell, but reading these comments on others experiences makes me look forward to a legal fight that will punish those arrogant and foolish enough to defy the courts order, over twenty years of anger needs an outlet $$.
Europa
I don’t want to get too far into your business, but I have some questions. As you know, you don’t have to answer but share what you can. I am about a year from being able to petition (According to FAC).
Did you go before a local county judge or a higher court? Also how long have you been on the registry? I been on since 1997 when it came out, although my charges are from 1991.
“But they that wait upon the LORD shall renew their strength; they shall mount up with wings as eagles; they shall run, and not be weary; and they shall walk, and not faint.”
Isaiah 40:31
Europa
once I was removed I went to sex crimes unit and she check it FCIC, NCIC, Interpol, etc. and it didnt appear there but as I said earlier Florida didnt delete it till I threaten to sue there ass’ after being off several years..
as for getting off in Florida I was 1 of the first ppl in 2005 to be removed as I was 1 of the first ones to have to comply
no hassles then but now its all about the money
Offense was in 1995, released completely in 2001. Judge granted petition on Nov 9th this year but I’m still waiting for her “order” to become available. State wanted to argue that I was not eligible due to the AWA but my attorney convinced her that AWA did not apply retro or I would of had to wait for twenty five years to pass.
Funny, the judge was about to rule for the state on another petition from the day before and my attorney convinced her to changer her ruling, that person doesn’t know how lucky they are. So we now have at least two cases in Orange County that have been granted relief.
Do you mind sharing the name of the lawyer. I may give him/her a call and see if they can do anything for me. My Case was from 1991. Released in 1997. Sounds like an awesome lawyer. Please share the lawyers name I will call him/her.
Ron Kleiner
Europa
God bless you my friend. Glad you are still coming on here and sharing your success. It gives the rest of us hope and a goal to move towards.
CJ
Europa
I just had a thought. So they ruled that the AWA cannot be applied retroactively, so why the Hell is it ok to apply the registry retroactively? If I don’t have to wait the 25 years, I shouldn’t to wait at all.
Not saying you know the answer but these rulings never make sense.
That is kind of like saying you cannot drink beer in a bar on Friday nights but can on Saturday nights. What’s the difference?
‘they ruled that the AWA cannot be applied retroactively’?
Judge ruled that the argument against the AWA was “substantive” and therefore the AWA was not to be applied retroactively. Perhaps an attorney reading this can offer a more detailed explanation. Bottom line two ruling in favor of the Joseph Wetterling Act (20 years) in Orange County are now case law.
What is the citation to this case? JWA was 10 years registration. Are you confusing state and federal statutes?
I could be a plaintiff because I lived in Florida for 5 years and it’s been 2 years since I left. I just don’t want to deal with Florida and I rather spend time on things nationally. Florida is too crazy for me and I’d lose my mind trying to figure out my next move.
Good luck I hope this case is successful
Is this FAC donor-funded?
It is not
Tried to download case and it came out jibberish. After telling me this type of file is harmful?
Greig
That same thing happens to me when my Mom sends me something. Some computers mark a lot of things as potentially dangerous, even though they may not be. This has happened twice and both times she told me “Well no one else is having that issue”.
My offense was in Virginia and I have had zero sex offenses in Florida. Had I stayed in Virginia I would no longer be on the registry and I would have my voting rights back. My parents needed me here in Florida so I moved to Florida. With no offense in Florida I was declared a predator…the victim has moved to Florida and we get along just fine. After 29 years of military service I cannot vote in Florida. I have built my retirement home here and I am very pleased living here…great friends, neighbors, and activities. This is my retirement home before I join my wife Rosemary one day at Rosewood Memorial Park in Virginia Beach. I’m here and I am in the fight for justice. Our two-bit politicians need to be put in their place…although I do like the qualities of Governor DeSantis. We only lose if we quit!!
Capt
Thanks for giving me a different perspective. Even though I don’t live in Florida anymore doesn’t mean I should turn my back on 80k Florida registrants. Sure the laws don’t effect me, but it’s standing up for those that don’t have a voice or may not know about FAC. No matter where my I lay my head on a pillow justice must be defended.
I agree with you..I may be off now but Ill still fight for justice!
Capt
I have no issue with you liking Desantis, but I can tell you, he is no advocate for anyone with a criminal record. And even more so of those with a crime of a sexual nature. He is extremely pro law enforcement and pro harsh sentencing. You, nor any of us on the registry are going to get any love from him.
I tried to tell my Mom that when she said she knows him. Having said that everyone needs prayer so let’s pray his eyes are opened to the injustices being done to us as a collective group and individually.
I’m in the same situation. If he wins does everyone that this happened to have to go to court to get it removed as well? Let me know if it becomes a class action suit. Thanks.
Jay
Since when you try and enter into another country, they know you are on the registry, as far as I am concerned, there is a World wide Network registry. With all the technology these days at the tap of a finger, hardly anything is overlooked.
This was even mentioned in the Bible
Luke 12:2-3
But there is nothing covered up that will not be revealed, and hidden that will not be known. Accordingly, whatever you have said in the dark will be heard in the light, and what you have whispered in the inner rooms will be proclaimed upon the housetops.
Even if you do not believe in God, the fact that some men wrote such revelations 1000s of years ago is amazing.
https://floridacriminalprocedure.com/3-850-motion/
The 2 year limit is unfair and should be unconstitutional. What magically happens at 2 years?
I wonder if the 2 year issue can be overcome by claiming you only just became aware of the limit, so therefore should be able to avoid its grasp for 2 more years.
Gary, you are confused. (a) this is a civil action, and (b) the statute of limitations is 4 years, as it goes by the state’s tort law statute of limitations.
Gary
There is an old saying that goes “Ignorance of the law is no excuse”.
Judges and prosecutors love to play that card. As if all citizens have a special box in their back seat, packed with folders with all the state, Federal and local laws and ordinances.
Jack
Don’t lie you have a huge trunk of local, state, and federal regulations/laws in your car.
Brandon
I think I just peed myself LOL
Thanks for the laugh.
I do however have a huge box in my room with all the copies of the times I have registered all the way back to The great war of 1997.
Hey I just thought of another way they can torture us. Instead of making people wait until they get out of prison to register, they could have a registry office inside the prison. You would have to register every day, get a new photo, and report any changes such as a new pair of socks you were issued, any visitors you had, how many shanks you are hiding under your pillow and so on. If you changed beds without reporting a move to a new location, you can be violated.
Is this case being funded by FAC’s out of state challenge funds?
It is not.
Do as we say, not as we do: FBI officials had sex with prostitutes while overseas, inspector general investigation finds
https://www.foxnews.com/politics/fbi-officials-sex-prostitutes-overseas-inspector-general-investigation
Just sayin
Federal officer USCIS US Embassy Manila Guilty !
yes for sure..hes no longer there and he was the 1 who sent false information to the bureau of Immigration claiming i was registered and Im not…he was removed Fed Michael Kilpatrick!
It’s really disheartening that FAC chooses to not post my comments. Makes me wonder why I even frequent this site. If you’re gonna be the comment police, then allow us to have a space on here where we CAN speak our minds. How hard would it be to add a “forum board”? Must be really hard, eh?
My last attempted comment was nothing to be deleted for. But I guess you only want comments that sugarcoat and “play nice”. Thanks!
Because your last comment (which began with the question, “Why do Christians feel the need to…?”) violated the Member Code of Conduct. You are reminded that Members are expected to communicate with candor, courtesy and respect. The individual who your comments were directed is one of the most active members in this organization, so your suggestion, “How about putting pen to paper (or fingers to your keyboard) and sending a letter…” was not warranted. Comments that include anything political or religious already draw the attention of our moderators, but when your comment is also offensive, it will not be posted.
We try to make our forum a welcoming and non-judgmental place.
FAC
I am a devout Christian and I would have liked to see the comment. The reason is, we have not a ton, but many hate comments left on here. Around june or so I fought the comment from someone commenting saying “All you sick perverts should die”. when I asked why it was posted, I was told it was not directed at any one person as a threat.
Just my two cents, I will shut up now.
Although I am a Christian I am no better than someone who isn’t. God seems to think I am but He is going to be pretty disappointed when all I do in Heaven is sleep all day LOL
To suggest that my comment was “offensive” shows xxxxxxxx. There was NOTHING offensive about my comment. My comment was pretty much spot on. As you know, because I have posted YouTube links, I actually like a lot of xxxxxxx speakers even tho I am independent. But what I do NOT like ABOUT THEM is that they claim to be so into xxxxxx yet they encourage and entice other rxxxxxxxxxx to attack ANYONE with pretty much ANY criminal offenses, but they emphasize “sex offenses”.
I made a very valid point. If a literal FACT is considered “offensive” then I will echo the words of a xxxxxx that I no longer like, Ben Shapiro: “Facts don’t care about your feelings”. Period.
I was not attacking anyone by saying “put pen to paper” and suggesting we write letters or emails to our elected officials. Wow! Just WOW FAC. Really? That was “offensive”? But the members who comment in here with their never ending xxxxxxxxxxxxxxxx and don’t seem to know what an “insurrection” actually is get to have their comments posted?
At this point, I’m surprised you didn’t find it “offensive” that I suggested you create a forum where we can vent anything we choose to talk about.
Please, grow up just a little. If everything is offensive, you’ll get it to a point where NOTHING is offensive.
Maestro
As, You, Know, The Majority of My Comments are Never Posted as well….., But they are Always Catalogued for Future Reference
Once Again, As You Have Reiterated, You Do Not Own This Website
But We are Fortunate to Have this website
Therefore, a ‘Redacted File’ Should be Generated with a Full Disclaimer of Facts! Then, all Information can be posted
Yes, There, are many evil eyes looking ‘in’ at us!
-‘we’, know who they are from the outside!
It is the Inside, that is looking after us…not the Outside!
Yes, I am frustrated as well….it is what it is…….
I know absolutely NOTHING about whose comments are not posted. And I don’t know where the part about me not owning this website came from as I never made any such claim. Do I have to own a website in order to speak freely on it? Especially when what I said has EVERYTHING to do with the topic we discuss on here every day.
If FAC felt the need to redact words in the comment they DID post, they may as well not bother posting that one either. Without knowing what was said in those “xxxxx”, how the hell can the reader follow along, share an opinion or be able to say they agree or disagree?
FAC is sooooooo worried about someone getting “offended”. Even after the person I was replying to said he wanted to see what I had to say.
Stop with the political correctness and let us say what we’re thinking and feeling in the moment. Or create a forum section where we can.
Maestro
At least you got a redacted version posted. I know of at least 11 posts (Maybe more) of mine over the years that never made it to press. When I “pressed” for why, I was told it did not meet the guidelines.
oy vey
I support our comment policies, code of conduct, and especially the efforts of our volunteer content moderators.
Given that our comments are public, and considering the mission of our organization, there are reasons that the rules are there. Most online forums have them. And I support FAC’s First Amendment rights to include or exclude whatever content they assess does not conform to those rules. It’s possible that Members who share this view are in the silent majority. It’s also possible that this message will offend some people.
So not all my comments are published. So what?
I appreciate that.
Then they shouldn’t be approving death threats against us. Don’t get me wrong, I love FAC but there is not another legit forum in the U.S that will approve threats against a group. And I am not making this up, about mid year I and many others on here complained about some threat comments made about all people with a sex offense (They used a nastier description) should be killed.
Even though they did not name a specific person on here, it was still a threat. I and many others complained that we come in here because this is the one and only forum we feel safe from such. But we were denied and have to continue to put up with it.
When we fight amongst ourselves the ship sinks. I guess that is why Once fallen (Derek Logue) has his own forum.
Maestro
You see the tons of post I make right? Well that is only about 75% of what I submit, the rest seems to not be worthy and is floating , lost in space. But I have seen comments left by outsiders stating what should happen to all of us and our families. Seems counter productive but since I do not own the site or pay a fee to be on here, I am just glad some of my ramblings make it to press.
CherokeeJack,
I was literally accused of “attacking” you. Maybe if they allowed my comment to be posted, YOU could have made that determination. And I’m 100% positive that you would NOT have taken it as an attack OR offensive.
This censorship is getting ridiculous.
P.S. Donald Trump was 100% right when he said “Political correctness ruined our country.”
Political correctness evolved into total censorship.
Maestro
Its all good Now I am curious what you said LOL
You can call me anything you want, just don’t call me late for dinner haha
I love seeing these filed. Gives me hope. Praying for success and relief to everyone who is hurting!
Sometimes when a comment or opinion is considered for posting it might be interpreted as offensive, so a moderator doesn’t allow it. Usually I don’t get offended by what others say, but sometimes I take things literally especially if I don’t know the full context. Yes I admit I’ve gotten butt hurt. Long as someone doesn’t insult my intelligence due to my Aspergers I’m good. If a comment wasn’t considered at lest send that comment to the intended person on what was stated.
Brandon
What irks me under the rights of information act is, when an innocent comment is not approved, and yet we have had many “Outsiders” come on here and make death threats to us and they are approved. FAC substantiates this by saying they want to show the kind of hate that is out there and that the threats were not made to a specific person.
I have had many of my comments on here disappear into the cosmos and are floating around somewhere to be discovered by the crew of the ISS. I gave up on fighting it but did learn a trick. The password to get a comment approved is Cheeseburger, Cheeseburger repeated 3 times while doing a handstand. :)~
CherokeeJack
I’ve written comments when my emotions were at their peak and was hoping they wouldn’t get approved and they did. I’ll have to try the cheeseburger password while eating one for extra measure. If it saves one comment it’s worth an extra inch. Oh cheeseburger, cheeseburger, cheeseburger, please be approved.
Thanks for the advice if it works.
Brandon
LOLOLLOLOOL
what do call a cheeseburger with no cheese on it?
I have come to realize that nothing anyone can say offends me because I first consider the source. If the source is credible then I learn from the comment. If the source is nothing more than a ‘loose cannon on the main deck of the ship of state’ I let it go because I know the commentator is speaking from a position of ignorance and is worthy of receiving compassion because of the lack of brain power. Thus, no offense taken.
I see now that what offends FAC members the most is non-publication of our own posts.
It’s ok, guys. Chill out and let’s let the volunteer moderators do their best.
Jacob
No, at least for me. What is frustrating is the imbalance of approvals. Like when we get threatened and it stays on but we call a sheriff a bone head it gets thrown in the outbox.
Having said that, a new post was just put out by FAC at least addressing the issue.
I like the fact that some are on here that were already taken off the registry but they consider us friend, family etc. If I got removed I would probably stay in the group here and help out however I could as well.
CherokeeJack
Personally after all the sht these ppl have been threw with this registry
I dont think there is much that CAN OFFEND US any longer
just sad that being able to Speak up on how we feel and what should be done gets washed away in the pending post status