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do i have grounds for legal/civil recourse?

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sc2247

Junior Member
background story: when i was 19 i was arrested for possession of images depicting minors in sexual acts. i was convicted and sentenced to 5 years federal probation a few months ago (i'm 22 now). my probation officer sent the details of my case to the state capital (Albany, New York) to determine if i need to register as a sex offender w/ the state (the federal government did not require i register with them). My probation officer also notified the police department in the town that i recently moved to that i have taken residency in his district. The chief of police of the town i live in took it upon himself to notify my landlord about my legal situation, and to tell her that he would be having to post flyers and notifiying schools about me. My landlord in turn sent me a letter terminating my lease on these grounds. The landlord never asked about my criminal history when i moved in, and there is nothing about it mentioned in the lease. Mind you during all this activity i was NOT registered as a sex offender in the state of NY or by the federal government. In Fact, the state of NY may not even require me to register, this is still being decided.

what i'm trying to figure out is if i can take any sort of legal or civil recourse against the police department or the landlord of my building. I've already notified the landlord that i will not be moving out since i haven't violated any of our lease agreements.

Thank you in advance.
 


sc2247

Junior Member
oh, i forgot to mention, even if the state does determine that i need to register, it is almost certain that i will be registered as a lvl 1 offender, the lowest level. As a level one, the only condition i would have to adhere to is notifiying local police every 6months as to my address. no one else is to be notified.
 

racer72

Senior Member
Your arrest and conviction records are public record, as long as the info being passed out is true, you have no claim.
 

sc2247

Junior Member
racer72 said:
Your arrest and conviction records are public record, as long as the info being passed out is true, you have no claim.

the information being passed along was not true. the police officer claimed that i was a registered sex offender (not true), that he would have to notify local schools (not true), and that he would have to put posters up notifying everyone that i love here (also not true)

besides, even if i am required to register and recieve a level of one (the lowest), the only people who are to be notified are the police. what right does that police officer have to take that privledged information and spread it around at will?
 

weenor

Senior Member
You got nothin there and you really need to get this whole registry thing straightened ASAP so that you do not have further problems.

The sheriff has qualified immunity for any actions taken while he is performing his duties under Section 1983 unless his actions are a deliberate violation of the law or your constitutional rights. He probably also has some kind of discretionary function immunity under state law as well. Cases of miscoduct for municipal, county and state officials in their official or individual capacity are extremely hard to win and they should be because our police need some protection to be able to do what they need to do.

Anyway talk to the sheriff and explain that you are trying to get this straightened out and you appreciate if he cease and desist...Maybe he'll respond to begging.;)
 

garrula lingua

Senior Member
People have the right to protect their children.

That includes knowing where perverts live.

The only convictions for child porn I've seen (about 10) involved explicit pictures of 5 to7 year olds in sexually explicit poses and having sex with adults.

Marginal pictures aren't filed on - they are considered erotica/esoteric.

Only the obvious, gross, sexual acts are considered triable by Prosecutors.

You are a pervert & parents should know where you live. You belong in a Megan's Law database.

Stay away from kids & move away, for your own safety.

Many hardened crims have kids, and don't like people like you, anywhere near their children.

You think you're fighting City Hall for your rights & you can sue etc.

Buddy, when Big Louie, who doesn't give a rat's behind for City Hall or the Law comes looking for you, run.

Perverts don't understand: hello - murderers have kids too; mean, vicious, nasty people have kids and would do anything to protect those kids - move.
 

sc2247

Junior Member
garrula lingua said:
People have the right to protect their children.

That includes knowing where perverts live.

The only convictions for child porn I've seen (about 10) involved explicit pictures of 5 to7 year olds in sexually explicit poses and having sex with adults.

Marginal pictures aren't filed on - they are considered erotica/esoteric.

Only the obvious, gross, sexual acts are considered triable by Prosecutors.

You are a pervert & parents should know where you live. You belong in a Megan's Law database.

Stay away from kids & move away, for your own safety.

Many hardened crims have kids, and don't like people like you, anywhere near their children.

You think you're fighting City Hall for your rights & you can sue etc.

Buddy, when Big Louie, who doesn't give a rat's behind for City Hall or the Law comes looking for you, run.

Perverts don't understand: hello - murderers have kids too; mean, vicious, nasty people have kids and would do anything to protect those kids - move.

what an insightful piece of factless discrimination and stereotyping. i'm not a pervert, and you have no idea why i was prosecuted. don't make up facts please.
 

sc2247

Junior Member
weenor said:
You got nothin there and you really need to get this whole registry thing straightened ASAP so that you do not have further problems.

The sheriff has qualified immunity for any actions taken while he is performing his duties under Section 1983 unless his actions are a deliberate violation of the law or your constitutional rights. He probably also has some kind of discretionary function immunity under state law as well. Cases of miscoduct for municipal, county and state officials in their official or individual capacity are extremely hard to win and they should be because our police need some protection to be able to do what they need to do.

Anyway talk to the sheriff and explain that you are trying to get this straightened out and you appreciate if he cease and desist...Maybe he'll respond to begging.;)
how is knowingly and willingly spreading lies about my legal situation to people who he knows were not supposed to be authorized not a deliberate violation of my constitutional rights?
 

CdwJava

Senior Member
Okay then, please provide the exact statute (state and or federal) under which you were convicted. A read of the federal statute will help determine whether you are, in fact, likely to be required to register in NYS or not. And, if so, under what level.

Whether you have an action against the local agency for releasing this info depends on the details and what the agency knew at the time they passed the info on. Chances are good that unless you have the money to put forth for a good attorney, you aren't going anywhere with this.

However, there ARE groups out there that seem to like supporting peopel convicted of child sex crimes and alleged civil rights violations, so if you can locate one of these groups they might go to bat for you.

Personally, I would think you would NOT want to draw any more attention to yourself ... most people are not going to care what level you are - they will hear ONLY that you are a registered sex offender (if you are ultimately required to register ... and my guess is you will be required to register as at least a level 1).

- Carl
 

CdwJava

Senior Member
sc2247 said:
how is knowingly and willingly spreading lies about my legal situation to people who he knows were not supposed to be authorized not a deliberate violation of my constitutional rights?
You would have to prove that he KNEW he had no right to do so. Unless you know what he knew or believed, you can assume all day - but it doesn't make for a provable case.

Check with a local attorney and see if you have a case.

- Carl
 

Just Blue

Senior Member
sc2247 said:
what an insightful piece of factless discrimination and stereotyping. i'm not a pervert, and you have no idea why i was prosecuted. don't make up facts please.

You were prosecuted for images of minors in sexual acts...How are you NOT a pervert?
You are filth! You do not deserve "rights"! YOU violated the rights of those children! There are no words that fully describe my utter disgust for you and your kind!!

And...even if you were able to sue....WHAT jury would award you damages??

Go back to rock you climbed out from under!...Scum!
 

weenor

Senior Member
CdwJava said:
You would have to prove that he KNEW he had no right to do so. Unless you know what he knew or believed, you can assume all day - but it doesn't make for a provable case.

Check with a local attorney and see if you have a case.

- Carl

Ditto- I get these things out on summary judgment all the time. ;)
 

sc2247

Junior Member
baystategirl said:
You were prosecuted for images of minors in sexual acts...How are you NOT a pervert?
You are filth! You do not deserve "rights"! YOU violated the rights of those children! There are no words that fully describe my utter disgust for you and your kind!!

And...even if you were able to sue....WHAT jury would award you damages??

Go back to rock you climbed out from under!...Scum!
i was convicted of downloading images of girls 1-3 years younger then me when i was 19. if you really think that makes me scum, then so be it.
 

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