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7th Circuit to DOC: Sex offender registry error safeguards insufficient

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Indiana’s Sex and Violent Offender Registry provides insufficient means for those whose information is incorrect to challenge the information, the 7th Circuit Court of Appeals ruled Tuesday.

“We agree with the plaintiffs that the state judicial postdeprivation remedies cited by the DOC are insufficient to meet the requirements of due process,” Judge Diane Wood wrote for the unanimous panel in David Schepers, et al. v. Commissioner, Indiana Department of Correction, 11-3834.

The 7th Circuit noted that after David Schepers and a class brought suit, the DOC established a policy whereby prisoners received notice so that they could challenge information in their pending registry listing.

“The district court granted summary judgment on the ground that the new policy was sufficient to comply with due process. But the DOC’s new procedures still fail to provide any process at all for an entire class of registrants — those who are not incarcerated. We thus reverse the district court’s grant of summary judgment and remand for further proceedings,” Wood wrote.

We conclude with the observation that providing additional procedures to correct registry errors may wind up benefitting the state as well as registrants. Erroneously labeling an offender a sexually violent predator imposes unnecessary monitoring costs on state law enforcement and reduces the efficacy of the registry in providing accurate information to the public,” the court ruled.

 

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  • Rights
    WAKE UP AMERICA Thomas Jefferson said, all it takes for tyrrany to gain a foothold is for people of good conscience to remain silent. It's time for all Americans to standup and speak up! MUST READ ARTICLES The Infallible Prosecutor: Google it 10,000 innocent people convicted each year Scalia's death row lunacy: Google it Most registered sex offenders are innocent www.wikipedia.org Type censorship in the U.S. in the search box If you don't know your rights, you don't have any! Jury nullification, a fundamental right! Indiana Constitution: Article1 Section 19 In all criminal cases whatever, the jury shall have the right to determine the law and the facts. The 9th and 10th amendments to the constitution of the United States means the same thing. An unjust law is not a law at all and any person charged with violating an unjust law has not violated any law and should not be found guilty simply because the law is unjust! IF YOU DON'T KNOW YOUR RIGHTS YOU DON'T HAVE ANY WE MUST PROTECT OUR CONSTITUTIONS

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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