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United States District Court for the Southern District of Ohio, Eastern Division
February 24, 2009, Decided; February 24, 2009, Filed
Case No. 2:06-cv-392
MEMORANDUM OPINION & ORDER
After pleading guilty to violating Ohio Revised Code § 2950.05, which requires certain sex offenders to notify the local sheriff of a change of address, Plaintiff Pearly Wilson, proceeding pro se, filed suit against Franklin County Sheriff Jim Karnes, seeking relief under 42 U.S.C. § 1983 for alleged violations of his constitutional rights. This matter is currently before the Court on cross-motions for summary judgment. For the reasons set forth below, the Court grants Defendant's motion for summary judgment and denies Plaintiff's motion for summary judgment.
I. Background and Procedural History
Plaintiff was convicted in Hamilton County, Ohio in 1976 of one count of rape and two counts of felonious assault. He was sentenced to a prison term of 7-25 years on the rape count and consecutive 5-15 year prison terms on each count of felonious assault. Plaintiff was released on parole in 1992, but his parole was [*2] revoked in 1993 and he remained incarcerated until 1999 or 2000. 1
On May 21, 2005, Plaintiff was arrested by a Columbus police officer and charged with violating Ohio Revised Code § 2950.05. That statute requires sex offenders subject to the registration requirements set forth in Ohio Revised Code § 2950.04 and 2950.041 to provide written notice of a change of address to the sheriff in the county where they reside, work, or go to school. At the time of Plaintiff's arrest, individuals subject to this reporting requirement included those who on or after July 1, 1997 (the date the statute went into effect) were "released in any manner" from a term of imprisonment for a sexually oriented offense, and those who were sentenced for a sexually oriented offense on or after that date. Ohio Revised Code § 2950.04(A)(1)(a) and (b). 2
Following his May 21, 2005 arrest, Plaintiff was indicted by a Franklin County grand jury on May 27, 2005 for failing to notify Franklin County [*3] Sheriff Jim Karnes of his change of address. On July 19, 2005, he pled guilty in the Franklin County Court of Common Pleas to a violation of Ohio Revised Code § 2950.05, a fourth degree felony. On September 9, 2005, Plaintiff was sentenced to six months in prison for this offense. Plaintiff was represented by attorney Trent Turner throughout these proceedings.
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2009 U.S. Dist. LEXIS 14042 *; 2009 WL 467566
PEARLY L. WILSON, Plaintiff, v. JIM KARNES, SHERIFF, Defendant.
Prior History: Wilson v. Karnes, 2007 U.S. Dist. LEXIS 86543 (S.D. Ohio, Nov. 26, 2007)
Sheriff, summary judgment, arrest, rights, false imprisonment, false arrest, official capacity, damages, courts, matter of law, violating, deprived, reporting requirements, sex offender, incarcerated, sentenced, benefits, entitled to summary judgment, summary judgment motion, opposing party, genuine issue, material fact, guilty plea, reasons, custom, jail, entitled to judgment, government entity, sexually oriented, alleges