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Judge certifies sex offender's class-action suit

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A federal judge has certified a convicted sex offender's suit against the Indiana Department of Correction as a class action. The plaintiff claims registrants have no procedure to correct errors on the sex and violent offender registry.

The American Civil Liberties Union of Indiana filed suit in October 2009 on behalf of David Schepers, who is listed on the Indiana Sex and Violent Offender Registry as a sex offender and a violent offender. Schepers was convicted of two sex offenses - rape in 1987 and two counts of child exploitation in 2006. He is challenging his listing as a sexually violent predator and that the registry states he was convicted of two rapes instead of one.

Schepers claims because the DOC doesn't have a process to challenge factually erroneous information or inform registrants of such a process, this violates his due process rights and the due process rights of all other registrants.

The DOC challenged Schepers' motion for class certification, arguing his class definition isn't specific enough, and others haven't come forward to say their information is incorrect and there's no way to fix it.

U.S. District Judge William T. Lawrence of the Southern District of Indiana found Schepers' suit satisfies the requirements of Federal Rule of Civil Procedure 23(a) and (b). His proposed class is specific enough: those who are on the registry are putative class members; those who are not on it are excluded from the class. The number of registered offenders is so large that joinder of all of them would be impracticable.

Schepers doesn't have to show that others want to challenge their listing in the registry, only that the DOC has failed to inform registrants how to challenge their listing. In addition, Schepers has shown he is an appropriate class representative, and if he prevails on the merits, injunctive relief will be appropriate.

A bench trial for David Schepers, et al., v. Commissioner, Indiana Department of Correction, No. 1:09-CV-1324, has been scheduled for 9 a.m. on Aug. 1, 2011.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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