Ohio's parole laws need to be reformed.
https://www.wcpo.com/news/insider/springfield-township-man-claims-ohios-sex-offender-parole-law-won-t-allow-visits-with-son
Springfield Township man claims Ohio's sex offender parole law won't allow visits with son
Paula Christian
6:00 AM, Jul 27, 2018
CINCINNATI -- A Springfield Township man filed a federal lawsuit challenging Ohio’s sex offender parole law as unconstitutional because it forbids him from seeing his 14-year-old son.
The Ohio Justice and Policy Center filed the lawsuit on Wednesday on behalf of a 50-year-old former high school teacher who is listed as John Doe in court filings.
In 2014, Doe was convicted of two counts of gross sexual imposition involving an 18-year-old female student at the school where he taught. He has no other criminal history, according to the lawsuit.
Doe served a three-year prison term and had regular visits with wife and his son. The family spoke on the phone nearly every day and sent letters and emails.
Now that Doe is out of prison, he is forbidden from moving back to the family home or having any contact with his son. He could not send his son a card or call him on his 14th birthday. He is not allowed to possess his son’s photograph, the lawsuit stated.
“Mr. Doe’s conviction made him subject to five mandatory years of what is known in Ohio as post-release control,” the lawsuit stated. “Though his offense did not involve a minor, the conditions of Mr. Doe’s PRC include a full prohibition on contact with any minors without the permission of his supervising officer.”
Now Doe is asking U.S. District Judge Michael Barrett for a temporary restraining order that would stop parole officers from enforcing the law, and allow him to live with his wife and son in their Forest Park home.
“Mr. Doe has no history of abusing his son and poses no risk to him … his son will be eighteen -- college-aged -- by the time his father is allowed to speak with him on the phone, send him a letter, or give him a hug as he did while in prison,” the lawsuit stated.
Doe is also at risk of getting a divorce from his wife of 26 years because he cannot live in the same house as his son.
“Mrs. Doe has been forced to choose between spending time with her husband … and devoting attention to her son … She feels guilty spending nights away from her son, so she does not stay overnight at Mr. Doe’s residence,” the lawsuit states. “Mr. and Mrs. Doe love each other, but Mrs. Doe is considering divorce because Mr. Doe cannot live with her or help her raise their child.”
Doe filed the lawsuit against his parole officer and parole supervisor, and a regional administrator at the Ohio Department of Rehabilitation and Correction’s adult parole authority office in Cincinnati.
In order to see his son, a parole officer told Doe that he must apply for a visit “in a controlled setting” that is supervised by a parole officer at Doe’s financial expense. Doe is unemployed and struggling financially. And during the visit, he would not be allowed to embrace his child as he could in prison, the lawsuit stated.
His parole officer would not allow Doe's brother, a licensed social worker, to supervise weekly visits with his son. As a result, Doe has not seen his son for more than six months.
“Mr. Doe’s family has been torn apart as a result of his absence," the lawsuit states. "His son misses his father and is suffering from anxiety because of the hardship caused by Mr. Doe’s absence."
The lawsuit claims that parole officers have deprived Doe of his fundamental right to parent his son and have a spousal relationship as well as violated his right to due process.
Registered Former Offenders Restoration Movement (ReFORM), restoring hope, rehabilitation, and reintegration to Ohio's registered citizens
Showing posts with label lawsuits. Show all posts
Showing posts with label lawsuits. Show all posts
Saturday, July 28, 2018
Wednesday, October 4, 2017
YSU Football player successfully sues University for right to play football
The man served his time, let him play. And play he has, though just a little.
https://www.cbssports.com/college-football/news/convicted-rapist-malik-richmond-remains-at-youngstown-state-as-school-settles-suit/
Convicted rapist Ma'lik Richmond remains at Youngstown State as school settles suit
by Ben Kercheval
Oct 3, 2017
Ma'lik Richmond, the Youngstown State football player who was convicted in the Steubenville High School rape case of 2012 in Ohio, will be allowed to remain on the roster and play football for the program. This decision was reached when lawyers representing Richmond and Youngstown State filed a motion to dismiss the federal lawsuit filed by Richmond against the school.
The case was dismissed with prejudice. As such, Richmond cannot bring forward the same complaint. Attorneys for Richmond argued that the school could not bar him from playing so long as he followed school rules.
"What is most important is that Ma'lik moves on," said Susan Stone, one of Richmond's attorneys, in a statement obtained by the Associated Press. "This was never a case about money. This is a case about Ma'lik being given all the opportunities afforded a student of good standing."
"This has been a complex situation," a Youngstown State statement read. "While the settlement agreement may cause concern for some, we believe it is in the best overall interest of the university, students and the community."
Richmond, a defensive lineman, served less than a year in juvenile detention for his crime. He attended two schools after his release and joined YSU as a walk-on this past year. The lawsuit claimed that Richmond and his family spoke with YSU president Jim Tressel and coach Bo Pelini about joining the team, and that both were supportive.
However, in August, when news of Richmond's arrival got around, a petition was created to remove Richmond from the football team. The university then said that he would not play for the team but would remain part of the program and lose a year of eligibility. Richmond quit the team before filing his lawsuit in September. A federal judge granted a temporary order saying Richmond could not be barred from playing while the case was being reviewed unless, as Football Scoop noted, the coach (Pelini) opted not to play him.
However, Pelini played Richmond in garbage time of a 59-9 blowout of Central Connecticut State on Sept. 16. "You have to be happy for the kid," Pelini said. "This isn't about me." Richmond has not played since.
Richmond's father, Nathaniel, was shot and killed in August by a probation officer in Steubenville when he opened fire on a judge, who returned fire.
https://www.cbssports.com/college-football/news/convicted-rapist-malik-richmond-remains-at-youngstown-state-as-school-settles-suit/
Convicted rapist Ma'lik Richmond remains at Youngstown State as school settles suit
by Ben Kercheval
Oct 3, 2017
Ma'lik Richmond, the Youngstown State football player who was convicted in the Steubenville High School rape case of 2012 in Ohio, will be allowed to remain on the roster and play football for the program. This decision was reached when lawyers representing Richmond and Youngstown State filed a motion to dismiss the federal lawsuit filed by Richmond against the school.
The case was dismissed with prejudice. As such, Richmond cannot bring forward the same complaint. Attorneys for Richmond argued that the school could not bar him from playing so long as he followed school rules.
"What is most important is that Ma'lik moves on," said Susan Stone, one of Richmond's attorneys, in a statement obtained by the Associated Press. "This was never a case about money. This is a case about Ma'lik being given all the opportunities afforded a student of good standing."
"This has been a complex situation," a Youngstown State statement read. "While the settlement agreement may cause concern for some, we believe it is in the best overall interest of the university, students and the community."
Richmond, a defensive lineman, served less than a year in juvenile detention for his crime. He attended two schools after his release and joined YSU as a walk-on this past year. The lawsuit claimed that Richmond and his family spoke with YSU president Jim Tressel and coach Bo Pelini about joining the team, and that both were supportive.
However, in August, when news of Richmond's arrival got around, a petition was created to remove Richmond from the football team. The university then said that he would not play for the team but would remain part of the program and lose a year of eligibility. Richmond quit the team before filing his lawsuit in September. A federal judge granted a temporary order saying Richmond could not be barred from playing while the case was being reviewed unless, as Football Scoop noted, the coach (Pelini) opted not to play him.
However, Pelini played Richmond in garbage time of a 59-9 blowout of Central Connecticut State on Sept. 16. "You have to be happy for the kid," Pelini said. "This isn't about me." Richmond has not played since.
Richmond's father, Nathaniel, was shot and killed in August by a probation officer in Steubenville when he opened fire on a judge, who returned fire.
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