Legal News

Federal Court Rules Indiana Sex Offender List Unconstitutional
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Tuesday, while the Indiana Department of Correction humbly tried to convince the court that the Department was not directly responsible for any errors in the registry maintained by it, and the 24,000 names on the registry belonged to people who had other procedures to challenge any mistake in the registry, the court did not buy the argument

The unanimous three-judge panel of the 7th Circuit held that erroneous labeling any person as a “sexually violent predator” implicated a liberty interest protected by the Due Process Clause. The court also noted that most people on Indiana’s sex offenders’ list did not have any opportunity to challenge any error in the listings, and that it was only recently that Indiana had started allowing current prisoners challenge pending listings. This leaves out all who are not current prisoners and all whose listings are not pending.

Circuit Judge Diane Wood wrote for the unanimous panel, “The policy provides no process whatsoever to an entire class of registrants — those who are not incarcerated, and is therefore “constitutionally insufficient.”

  
What
Where


The decision given on Tuesday reverses a December 2011 ruling made by US District Judge Tanya Walton Pratt in Indianapolis. The 7th U.S. Circuit Court of Appeals in Chicago, sent the case back to the lower court encouraging the parties to decide on procedures to fix registry errors.

State legislators in Indiana have begun hearings this month on possible changes to the registry following the findings made by the Indiana Supreme Court in 2009, in which the Supreme Court found certain restrictions in the registry unconstitutional.

Ken Falk, legal director of the ACLU of Indiana, said he was “very happy” with Tuesday’s decision. He said, “There are examples of people who are being labeled as sex offenders who are not, and cannot get their names off the registry…That is a stigma that follows you forever.”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!






 

RELEVANT JOBS

Principal, Board Governance Advisor

USA-CA-Newport Beach

 The Principal, Board Governance Advisor is responsible for supporting the Board of Directors o...

Apply now

Attorney

USA-CA-Los Angeles

LA based law firm with multinational practice seeks a Patent Prosecution / IP attorney. 2+ years of ...

Apply now

Paralegal / Legal Assistant I (USAO)

USA-VA-Alexandria

Duties and Responsibilities • provide a variety of direct legal support assistance to the C...

Apply now

Associate Attorney

USA-LA-New Orleans

Greenbaum Breuer and Associates is a high-volume New Orleans, LA based firm that practices exclusive...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Associate Attorney

USA-OR-Portland

Portland office of a BCG Attorney Search Top Ranked Law Firm seeks an associate attorney with 1 year...

Apply Now

Real Estate And Commercial Litigation Attorney

USA-FL-Vero Beach

Vero Beach office of a BCG Attorney Search Top Ranked Law Firm seeks a real estate and commercial li...

Apply Now

Litigation Associate Attorney

USA-CA-San Diego

San Diego office of a BCG Attorney Search Top Ranked Law Firm seeks a litigation associate attorney ...

Apply Now

SEARCH IN ARCHIVE

To Top