September 17, 2010

Just Busted Magazine Sued For Sex Offender Listing

This is the likely result of local registries that fail to update EXACTLY when the state updates. Further, the iPhone type Apps (Offender Locator, etc) who use private data bases may also see lawsuits because of their private data bases. In fact, all Secondary Disseminated sites are now targets for lawsuits!
9-17-2010 Tennessee:

The magazine "Just Busted" that prints photos of recent local arrestees has been sued in connection with one listing under sex offenders.

___ is asking $200,000 in damages.

He also asked that a retraction be run for the next six months.

The suit says he was pictured in the Aug. 3 edition of Just Busted under the heading “SEX OFFENDERS NEAR CARVER OUTDOOR POOL."

His attorney, Robin Flores, said he had been taken off the Sex Offender list on July 28. Pamela E. Beck, a TBI Sex Offender Registry official, "notified plaintiff that he was no longer listed on the Sex Offender Registry as required by the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004," it was stated.

The suit says, "A person listed in the Registry may apply to TBI and is entitled for removal from the Registry and no longer register as a sex offender in Tennessee if such person has not has not been convicted of any additional sexual offenses or violent sexual offenses during the 10-year period and that such person has substantially complied the Act."

It says, "Plaintiff had actively worked over the past several years to rehabilitate himself including participation in the Eastdale Community Center, worked on three films about fifth graders, one included Plaintiff’s grandson, in their active participation in politics and the importance of youth’s participation in citizenship on the local and national level. This work resulted in a letter from President Obama to plaintiff’s grandson congratulating the grandson on his work.

"Plaintiff had the help and assistance of one state representative, two professors from Chattanooga State College, and two friends (Greg Walton and Robert Johnson) in the production and development of these films.

"The acts and omissions of the defendant directly resulted in plaintiff’s loss of the level of assistance from Walton and Johnson, diminished plaintiff’s standing in the community, and places in jeopardy the success of plaintiff’s film efforts.

"The acts and omissions of the defendant directly led to plaintiff’s mental anguish." ..Source.. by

1 comment:

Just another SO said...

A perfect example of the dangers of ANY public access registry, let alone one run by private individuals. The registry should be abolished, or at least restricted to police department use only. But that will never be accomplished, because the registry is such an effective tool in keeping predators away from our children.
Just another feel good law with an enormous price tag, that does nothing but make life miserable for people trying to rebuild their lives.