Missouri Court of Appeals, Western District / Feb 21, 2023
Thomas Iseman vs. Missouri Department of Corrections, et al.
Thomas Iseman, incarcerated for felony harassment, sought a declaratory judgment that he is not required to register as a sex offender under Missouri's Sex Offender Registration Act (SORA). The circuit court dismissed his petition, finding the claim unripe and that an adequate remedy existed under § 589.401. The Western District reversed, holding that Iseman's pre-enforcement challenge was ripe and that § 589.401 did not provide an adequate remedy for his specific claim, remanding the case for a determination of the underlying facts of his convictions.