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Thursday, November 20, 2008
Ind. Decisions - More on "Third John Doe denied by judge"
Updating this ILB entry from Feb. 28th, Sophia Voravang of the Lafayette Journal & Courier reports today that one of the John Does has dropped his suit:
A Lafayette man is no longer challenging an Indiana law that prohibits sex offenders convicted of crimes against children from living near places frequented by youth.Using the pseudonym John C. Doe, the man filed a civil lawsuit in June against Tippecanoe County Sheriff Tracy Brown and Prosecutor Pat Harrington, challenging their enforcement of the statute.
This came after Doe was told he again had to move, this time from a residence formerly approved by the sheriff's department. His attorney, Earl McCoy, said Wednesday that Doe has since found a new place to live.
"Because of the Indiana Court of Appeals ruling earlier this year ... where they essentially determined each situation would be decided on a case by case basis, each litigant would incur the heavy costs of a trial and potential appeal," McCoy said. "In this case, he ended up finding another residence acceptable to him.
"He decided to go ahead and move and drop it at this time."
Judge Thomas Busch of Tippecanoe Superior Court 2, where Doe's complaint had been filed, recently granted a motion by McCoy to dismiss the lawsuit.
Posted by Marcia Oddi on November 20, 2008 08:50 AM
Posted to Ind. Trial Ct. Decisions