In a second case, on June 6, 2024, the United States District Court dismissed with prejudice Plaintiffs’ claims in the National Association for Rational Sexual Offense Laws et al, v. Latoya Hughes, in her official capacity as Director of the Illinois Depart-ment of Corrections, 24-CV-50025 (Northern District of Illinois). NARSOL is the lead Plaintiff in the case.
The case challenges the constitutionality of a statutory parole restriction that prohibits individuals on mandatory supervised release (“MSR”) who have been convicted of sexual offenses from using or possessing erectile dysfunction medication. Dismissal of the case by the district is exactly what Plaintiffs sought. That is because existing Seventh Circuit precedent currently prohibits plaintiffs from challenging a mandatory condition of MSR under §1983 and requires that constitutional challenges to MSR conditions be brought in a habeas corpus petition.
Plaintiffs seek to have this precedent overturned so that this and other unconstitutional parole restrictions can be challenged under the civil rights laws, which will make them much more vulnerable to attack. Only the Seventh Circuit can overturn its own case law. Hence, Plaintiffs will bring the case to the proper forum and make the case that existing precedent should it be overturned.
The case challenges the constitutionality of a statutory parole restriction that prohibits individuals on mandatory supervised release (“MSR”) who have been convicted of sexual offenses from using or possessing erectile dysfunction medication. Dismissal of the case by the district is exactly what Plaintiffs sought. That is because existing Seventh Circuit precedent currently prohibits plaintiffs from challenging a mandatory condition of MSR under §1983 and requires that constitutional challenges to MSR conditions be brought in a habeas corpus petition.
Plaintiffs seek to have this precedent overturned so that this and other unconstitutional parole restrictions can be challenged under the civil rights laws, which will make them much more vulnerable to attack. Only the Seventh Circuit can overturn its own case law. Hence, Plaintiffs will bring the case to the proper forum and make the case that existing precedent should it be overturned.