Hearn v McCraw Case
Updated July 30, 2021
Petition for a writ of certiorari online filed with the U.S. Supreme Court
HEARN PETITION FOR CERT-AS PRINTED.pdf
Title: Jack Darrell Hearn, et al., Petitioners v. Steven C. McCraw, in His Official Capacity as Director of the Texas Department of Public Safety, et al.
No. 21-130 Jack Darrell Hearn, et al., Petitioners Steven C. McCraw, in His Official Capacity as Director of the Texas Department of Public Safety, et al. United States Court of Appeals for the Fifth
https://www.supremecourt.gov/Search.aspx?FileName=/docket/docketfiles/html/public\21-130.html
Updated April 17, 2021
On Thursday, April 15, 2021, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in Hearn v. McCraw, on a single issue, affirmed the District Court’s judgment which ruled last May, 2020, that the Plaintiffs’ federal substantive due process challenges to the breach of their plea bargain agreements by the State of Texas is barred by the statute of limitations. The Fifth Circuit did not rule on any other issue raised by the appeal.
Facts: As the result of a change in Texas statutory law in 1997, Plaintiffs were required to register for life for the first time, and they have been required to verify their registrations annually since that time (or risk felony prosecution for failure to do so). Before 1997, Plaintiffs either had no duty to register under their plea bargain agreements (Plaintiff Hearn), or they were not required to register at all after they satisfactorily completed their deferred adjudication probations (Plaintiffs Hearn, Miller and Jones).
Notwithstanding the undisputed fact that agents of the state continue to compel Plaintiffs to annually verify their registration information, and notwithstanding the undisputed fact that the state continues to collect and publish online the new information involuntarily provided by Plaintiffs at least annually, the Fifth Circuit ruled Plaintiffs could only challenge the “single act” of the State of Texas that occurred when it amended its registration laws in 1997. In other words, the Court of Appeals ruled the state’s annual enforcement of the registration requirement and its publication of Plaintiffs’ registration information online, which is ongoing, did not provide a legal basis, under the federal “accrual” doctrine, to challenge those “separate acts” of the state which occurred within the two years (the limitations period) immediately prior to the filing of their lawsuit in 2018.
Because Plaintiffs disagree with the three-judge panel’s ruling that Plaintiffs’ failure to file their lawsuit within two years after 1997 grants the State of Texas what amounts to absolute immunity from suit for every subsequent violation of Plaintiffs’ constitutional rights for the remainder of their lives (insofar at the state’s acts would breach Plaintiffs’ plea bargain agreements); Plaintiffs intend to seek review of the panel’s decision by the entire Fifth Circuit (known as “en banc” review). More information will be forthcoming soon, and will be posted here.
HEARN-FIFTH-CIRCUIT-OPINION_4-15-2021
Updated April 6, 2021
On March 30, 2021, oral argument on an appeal by TVRJ members Jack Hearn, Donnie Miller and Jimmy Jones was heard before the United States Court of Appeals for the Fifth Circuit, at Houston, Texas. Their attorney, long-time advocate for TVRJ Richard Gladden, filed the appellate briefs and presented oral argument on their behalf. The appeal briefs filed by Plaintiffs/Appellants Jack, Donnie and Jimmy (opening and reply briefs), and the brief filed in opposition by the Texas Department of Public Safety, may be read here:
FILE-STAMPED_NO_20-50581_HEARN-V-McMCRAW_APPELLANTS-REPLY-BRIEF
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FILE-STAMPED_No_20-50581_Brief_of_Appellants_Hearn-v-McCraw
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FILE-STAMPED_DEFENDANT_TEXAS_DPS_MERITS_BRIEF_12-17-2020
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