In August of 2015, Licking County Sheriff’s Office Detective Wayne Moore required Mark Hurst to register as a sexually oriented offender. This was in accordance with the current registration requirements corresponding with Hurst’s 2008 criminal convictions. However, Hurst was not required to register by law, because the crimes of which he was convicted did not require registration at the time they were committed.
Hurst brought suit against the Licking County Sheriff’s Office, Sheriff Thorpe, Detective Moore, and the Licking County Prosecutor’s Office, alleging that his forced registration constituted defamation. FHKAD attorneys first obtained dismissal for Sheriff Thorpe and Detective Moore in their individual capacities. After defending the remaining entities in discovery, FHKAD attorneys filed a Motion for Summary Judgment. In granting summary judgment, the Court agreed with Defendants that any and all stigma Plaintiff allegedly suffered was due to his underlying conviction and not the Defendants’ actions.
If you have any questions, please contact FHKAD Attorneys Daniel T. Downey (ddowney@fishelhass.com) or Frank D. Hatfield (fhatfield@fishelhass.com).