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Class Action Lawsuit on Behalf of

Families and Friends of Registered Sex Offenders

Frequently Asked Questions (FAQ)

Q: Who is organizing this law suit?

A: A group of registrants, families and believers in second chances.

Q: What does it mean to me to be involved in a class action[1] law suit?

A: As stated by former United States Supreme Court Justice William O. Douglas, "The class action is one of the few legal remedies the small claimant has against those who command the status quo[2]."

Q: What type of class action lawsuit will be filed?

A: It will be filed seeking relief from certain registration requirements that prevent the re-unification of the family due to barriers such as residency restrictions, financial hardships, familial healing and restoration, etc. Class Action Suits have led to social reform in the United States. They have helped to remedy discrimination, address inequities and helped to ensure due process. For example, brown v. board of education, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954), the Supreme Court decision striking down segregated schools, was brought as a class action lawsuit. The landmark decision Goldberg v. Kelly, 397 U.S. 254, 90 S. Ct. 1011, 25 L. Ed. 2d 287 (1970), in which the Supreme Court of the United States held that recipients of public assistance must be given notice and the opportunity for a hearing prior to termination of benefits, was also litigated as a class action suit.

Q: What is the premise of the law suit?

A:  Even though the laws impacting us are passed by the federal and state legislatures we will be asking the courts to rule on “the law!”

Q: Where will the lawsuit be filed?

A:  In the United States 8th District Federal Court.

Q: Who will be representing us?

A: A group of attorneys and paralegals

 

Q: Is this concerning SORA, SORNA or both?

A:  The law suit will be structured to ask for relief based on SORNA requirements that causes collateral damage to family and friends.   

Q: What type of relief are we asking for?

A: The relief will vary but, the best way to make that determination would be to Google the state sex offender statutes and peruse them. Then list things (i.e., public registry, access to the court, employment, housing, off registry, etc.) that causes distress to you. Basically, we have to look at the cause and effect. A scenario would be my loved one was convicted of xxx and it has affected me xxx.

Q: How can a federal law suit affect the state laws I am living under?

A: Federal laws trump state laws just as state laws trump city or municipal laws.

Q: How do I know my identity will not be revealed when this is filed?

A: All submissions will be vetted by the Core Team then sent to the Legal Team.

Q: How will I be identified?

A: You will be assigned as John or Jane Roe # (number).

Q: What will it cost me to participate?

A: While there is no “set dollar amount” to participate we do recommend the following:

If you are able to contribute monetarily, please do so by making a donation to WAR either via Pay Pal on the organization website and earmark it for the law suit in the memo area or send to the post office box with the same instruction.

If you have time available to assist in gathering and compiling documents to be used in the law suits that would be appreciated. Watch for media coverage or documentation where authority figures talk about the collateral damaged/consequences to the families of registrants. Also, any new study data on the registry issue or family impact.

Q: What else can be done to assure we are putting forth everything to obtain a positive outcome?

A: Ask your family members, extended family members, circle of friends,  co-workers (who support us) and church friends to participate, again as a John or Jane Roe, by simply completing the on-line form indicating how they are being affected by your family situation. Also, please advise other registrant families you might know to participate.

Q: When will this be filed?

A: The projected time frame was fall of 2015 but more arguments have been added. We expect it to be ready to file in a couple of months. We are proceeding with caution and want to make sure what is brought forth is solid and will not make things worse for our registrants and families.

Q: Will I get any monetary compensation if we win?

A: The specific relief we are asking for does NOT include monetary awards.

Q: How soon could we see things begin to change if the suits are won?

A: The ruling will be applied as directed when the decision is issued. We will not have any input to that.  

Q: I am worried that my local law enforcement will learn of my participation and harass my family.

A: Identities will be protected and cannot be made a part of any ruling.

Q: My questions are too complex. How can I contact someone who can answer them? NOTE: Please submit your questions to the email box below and we ask that you give us 5-7 days to respond before sending a follow-up. Also, we need everyone to understand we are gathering data for a law suit. We cannot legally advise on individual situations. We are not attorneys.

A: Submit FAQ questions using the form at the bottom of this page or by email to: fighttheregistry@womenagainstregistry.com

Q: You have sparked my interest in law suits around this issue. Where can I find more case law?

A: A good source is Google Scholar and it is free. Other resources like Lexis Nexus and Find Law are costly to an individual.  

( https://scholar.google.com/ )..


[1] "Class action - Wikipedia, the free encyclopedia." 2003. 13 Apr. 2015 <http://en.wikipedia.org/wiki/Class_action>

[2] "Status quo - Wikipedia, the free encyclopedia." 2003. 13 Apr. 2015 <http://en.wikipedia.org/wiki/Status_quo>





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