NARSOL, NC suit given okay to move forward

By Sandy . . . On July 31, a district court in North Carolina ruled that a suit brought against the state, a suit challenging the constitutionality of certain aspects of North Carolina’s sexual offense registry, may proceed. In denying the state’s motion to dismiss, the court found that the action is based on a plausible constitutional claim.

Filed by NARSOL and by NCRSOL on  behalf of “John Doe,” the suit alleges that changes in the law, as applied to Doe, constitute an ex post facto violation in regard to five amendments that affect only those with sexual crimes convictions.

You may read the decision here.

One thought on “NARSOL, NC suit given okay to move forward

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    August 2, 2019 at 10:15 am

    Judge Biggs decis was concise on state’s motion to dismiss. Other interested parties in other jurisdictions must have this ruling on hand when considering other challenges to the constitutionality of the SOR regime. No doubt other AGs will use similar causation and doctrine to achieve dismissals. This ruling provides a road map for confronting those arguments directly. I’m in the 2nd federal district and we’ve yet to have similar challenges arise, and succeed. State v Ramesch, had a federal judge in Madison WI declaring the ” registration fee” unconstitutional as applied to a man now living in florida. The 2nd disagreed with his retributive decis on the ex post fees legality.
    Congratulations to NC registrants, Paul D & Robin V.


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