Wallace v. State of New York et al

Filing 102

MEMORANDUM & ORDER granting 68 , 69 , 70 , 79 Defendants' Motions to Dismiss the Wallace Complaint (Dkt. No. 5 ). For the reasons stated in this Memorandum & Order, Plaintiffs' ex post facto and other federal con stitutional claims are dismissed with prejudice, and their state law preemption claims are dismissed without prejudice. The Clerk of the Court is directed to enter judgment accordingly. Pursuant to 28 U.S.C. § 1915(a)(3), Plainti ffs may, in good faith, take an appeal from this Memorandum & Order in forma pauperis. Ordered by Judge Pamela K. Chen on 8/28/2014. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (Lo, Justin)

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Exhibit C Sex Offender Details Page - NY DCJS http://www.criminaljustice.ny.gov/SomsSUBDirectory/offenderDetails.js... Menu Offender Details Anyone who uses this information to injure, harass or commit a criminal act against any person may be subject to criminal prosecution. Incarcerated More Photos Additional Offender Photos Offender Id 38113 Race Black Last Name BLUNT Ethnicity Not Hispanic First Name ROBERT Height 5' 11" Middle Name Weight 185 Hair Black Eyes Brown DOB Sept. 6, 1959 Sex Male Risk Level 3 Corr. Lens Designation Sexually Violent Offender Photo Date March 14, 2014 Current Addresses 1 of 3 8/28/2014 10:34 AM Sex Offender Details Page - NY DCJS http://www.criminaljustice.ny.gov/SomsSUBDirectory/offenderDetails.js... Type RES (Primary) County Franklin Address NYS DOCS Bare Hill Correctional Facility 181 Brand Rd Caller Box #20 Inmate ID: 00A2630 Malone, New York 12953-0020 Law Enforcement Agency Having Jurisdiction NYS DOCCS Central Office-Sex Offender Notifications Current Conviction Title Section PL 130.65 Subsection Class Category Counts 01 D F 1 Date of Crime Nov. 13, 1999 Date Convicted Feb. 10, 2000 Victim Sex/Age Description Sexual Abuse 1st Degree:Contact By Forcible Compulsion Female, 64 Years Arresting Agency Nassau County PD Missing Person and Sex Offender Registry Unit Offense Descriptions Relationship to Victim Stranger Weapon Used None Reported Force Used Immediately and physically overpowered Hit with hand/fist/club Threat Choked Coercion Computer Used No Pornography Involved No Sentence 2 of 3 Sexual Intercourse Deviate Sexual Intercourse Kidnapping/Unlawful Imprisonment Term: 7 Year(s) State Prison 8/28/2014 10:34 AM Sex Offender Details Page - NY DCJS http://www.criminaljustice.ny.gov/SomsSUBDirectory/offenderDetails.js... Previous Conviction(s) Requiring Registration None Reported Supervising Agency Information NYS Department of Corrections and Community Supervision Special Conditions Comply with the Sex Offender Registration Act,Abide by case specific sex offender conditions,COMPLY WITH PAROLE Maximum Expiration Date/Post Release Supervision Date of Sentence: Sept. 25, 2017 This date was reported at the time of the offender' s current registration. The date and any special conditions listed may be subject to change while the offender is under supervision. Scars, Marks & Tattoos Scar-Face, nonspecific Scar-Forearm, right Denture, upper only Additional Names/Aliases SIMON , TONY PARKER , ROBERT Current Vehicles None Reported 3 of 3 8/28/2014 10:34 AM

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