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“Shocks the Conscience” Test Applied to Conditions at Civil Commitment Center

Loaded on March 15, 2013 published in Prison Legal News March, 2013, page 42
Filed under: Disciplinary Hearings, Legality of Rules, Staffing, Sex Offender Treatment, Civil Commitment. Location: Missouri.
The Eighth Circuit Court of Appeals has held that the “shocks the conscience” standard, as opposed to the “professional judgment” standard, is the proper analysis when determining an alleged due process violation based on the treatment and discipline of a civilly committed sex offender.

Following a six-day bench trial in …

 

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