5-22-2010 Pennsylvania:
EBENSBURG — A state inmate’s lawsuit challenging the legality of a Johnstown ordinance limiting where sex offenders can live has been transferred to the U.S. District Court in Johnstown by the city.
Pittsburgh attorney Edward Joyal, who represents the city and city officials, said the lawsuit should be heard in the federal court because it alleges U.S. constitutional and civil rights violations.
Under law, such a transfer is automatic and now has been docketed at the federal court in Johnstown.
Kevin Murtha, a convicted sex offender now at State Correctional Institution-Coal Township, contends that the city ordinance is blocking his parole to a halfway house in Johnstown and wants the court to declare the ordinance invalid. He filed the lawsuit in Cambria County court in April.
Murtha is eligible for parole on the condition that he live in a halfway house under state supervision.
The city ordinance prohibits defendants convicted of some sex crimes from residing within 2,500 feet of such places as schools, parks, playgrounds and community centers. Johnstown’s Central Park is within that restricted area of the halfway house on Washington Street. ..Source.. by Sandra K. Reabuck
May 22, 2010
Suit challenging city ordinance transferred to federal court
Subscribe to:
Post Comments (Atom)
1 comment:
This sounds good on the face, but who got the case transferred? Looks like the city attorney did.
Lawyers have a lot of tricks up their sleeves and this change by the city lawyer could indicate that he has some sort of knowledge that the city will win if they fight it in federal court.
Wonder what it would mean for other RSO's in Pittsburgh, or the rest of Pennsylvania, if the city won the argument?
Post a Comment