ILNews

Judge certifies sex offender's class-action suit

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT