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Federal Court Limits New York’s Civil Commitment Statute, but Injunction Vacated on Appeal
Loaded on May 15, 2013
by Derek Gilna
published in Prison Legal News
May, 2013, page 46
A decision by the U.S. District Court for the Southern District of New York severely restricted portions of New York’s Sex Offender Management and Treatment Act (SOMTA). A lawsuit filed by Mental Hygiene Legal Service (MHLS) had sought an injunction against enforcement of various provisions of the Act, which provides …
Filed under:
Sex Offenders (Discrimination),
Standing,
Civil Commitment,
News,
State Legislation.
Location:
New York.
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More from this issue:
- Arkansas Sheriff Took Kickbacks for Card Fees, Class-Action Suit Says, by Erik De La Garza
- Prison Visitation: A Fifty State Survey, by Chesa Boudin
- Maine Prisoner’s Contraband Conviction Vacated
- Pennsylvania: No Prison Time for Guards Convicted of Abusing Prisoners, by Christopher Zoukis
- My Life with Lifers, by Dr. Elaine J. Leeder. (E-Books Unbound, 2012). 140 pages, $4.99 (e-book) or $14.95 (paperback), by John Dannenberg
- Mandatory Lifetime Monitoring a Direct Consequence of Sex Offense Plea Bargain in Michigan
- Governmental Highway Robbery: Asset Forfeiture and the Pillaging of the American People, by John W. Whitehead
- $17.75 Million Settlement for Victims of Pennsylvania “Kids for Cash” Scandal, by David Reutter
- Virginia Prisoner Pardoned After Accuser Admits She Lied
- Ex-Felons are About to Get Health Coverage, by Michael Ollove
- CCA Admits to Falsified Staffing Records, Violating Contract with Idaho DOC
- Utah: Private Company Offers to Pick Up Prison Tab, by Eric S. Peterson
- Iowa Sex Offender Special Sentence Provisions Interpreted: Time-Served Credit, but Not Earned-Time, Reduces Revocation Term
- California: Parole Placement of Serial Killer’s Accomplice in Remote County Upheld
- North Carolina County Conned into Building $100 Million Jail
- Seventh Circuit Vacates Summary Judgment for Nutriloaf Diet
- Eighth Circuit Overturns Jury’s $850,000 Verdict for Nebraska Detainee’s Suicide
- Oklahoma Parole Board Members Charged with Violating Open Meeting Act, by Christopher Zoukis
- CCA Excludes Shareholder Resolution Requiring Company to Fully Disclose Information about REIT Conversion
- No Room for 900 New Washington Prison “Rugs”
- Faulty Background Checks Blamed on Digitized Records, Greedy Amateurs, by Joe Watson
- Prison Health Care Provider under Fire in Illinois, by Christopher Zoukis
- Lawsuits Filed Over Unrelated Deaths of Two Oregon Prisoners
- Muslim Prisoners Challenge Ohio’s Denial of Halal Meals; Pork Producers Protest, by Joe Watson
- New York: $225,000 Settlement for Prisoner’s Suicide Attempt, Abuse at Rikers Island
- California District Attorney Sued by Former Colleague
- Administrative Remedies “Unavailable” when Prisoner under Threat of Intimidation or Retaliation
- California: Lifer Entitled to Credit for Time Served Following Governor’s Erroneous Veto of Parole Grant
- Kentucky DOC May Not Alter Presentencing Custody Credits
- Oregon Parole Board’s Notice-of-Rights Form Violates APA
- New York Creates “All Crimes DNA Database”
- Federal Court Limits New York’s Civil Commitment Statute, but Injunction Vacated on Appeal, by Derek Gilna
- $695,000 Settlement in Discrimination Suit by Deaf Colorado Detainees
- California State Bar Recommends District Attorney’s Disbarment, by Christopher Zoukis
- New York Sex Offender Registration Determination is Exception to Article 78 Review
- Sixth Circuit: Disciplinary Conviction Does Not Bar Excessive Force Claim, by Christopher Zoukis
- California: Nine Detainees Charged in Jailhouse Killing; Five Sentenced to Life Terms
- Oregon: Only Voluntary Surrender Avoids Fugitive Dismissal Rule
- Oregon Jail Guard Gets Three Years for Sex with Prisoner
- Arkansas Prisoner’s Ad-Seg Reviews Held to be Meaningless; Case Remanded to Recalculate Damages
- U.N. Considers Revisions to Standard Minimum Rules for Treatment of Prisoners, by Christopher Zoukis
- News in Brief
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- Idaho Struggles to Respond to Devasting Report of Widespread Prisoner Sex Abuse, April 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, State Legislation, Public Records Act.
- New Illinois State Law Requires Prisons to Submit Annual Hospice Reports, April 1, 2026. Systemic Medical Neglect, Cancer, Failure to Treat, State Legislation, Inadequate Health Care Facilities.
- Death of Washington Jail Standards Bill Risks Repeat of $2.5 Million Settlement That Closed One County’s Jail, April 1, 2026. Staffing, Failure to Protect (Wrongful Death), Suicides, Staff Training, State Legislation.
- New Jersey Governor’s Order Allows People with Prior Felony Convictions to Serve on Jury Duty, March 1, 2026. Racial Discrimination, State Legislation, Restrictions, discrimination, Jury Selection.
- One in 10 Prison Admissions Is Now for Technical Parole Violation, March 1, 2026. Parole Conditions, State Legislation, Restrictions, discrimination, Revocation Proceedings.
- New York Governor Pulls Plug on Prison Watchdog Funding, March 1, 2026. Guard Misconduct, Prison Reform, Conditions of Confinement, Guards/Staff, State Legislation.
- Utah Pushes for Additional $130 Million to Expand Prison that Cost $1 Billion, March 1, 2026. Cost of Prison Systems, Conditions of Confinement, Failure to Treat (Mental Illness), State Legislation, Reduction of Prison Population.
- by Jo Ellen Nott I n a significant victory for the reintegration of formerly incarcerated individuals and those with arrest records, Illinois Governor JB Pritzker signed House Bill 1836, known as the “Clean Slate” Act, on January 16, 2026. The legislation, March 1, 2026. Collateral consequences of prison, State Legislation, housing, Restrictions, discrimination, Prior Convictions - Expungement or Reversal of.
- Virginia Prisoners Stuck Waiting for Education Programs, Feb. 1, 2026. Staffing, Education, Rehabilitation/Recidivism, State Legislation.
- California Oversight Agency Hasn’t Finished a Single Review of Jail Deaths, Feb. 1, 2026. Corrections Audits, Medical Records, Disclosure of Records, State Legislation.

