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Article • August 15, 2008
Washington State's Duty to Defend Officials Depends on Their Conduct by Washington state Supreme Court Justice Richard Sanders appealed the denial of attorney’s fees in a complaint filed against him by the Commission on Judicial Conduct (Commission) for misconduct in 2003. The appellate court held that no state duty existed …
Article • August 15, 2008
Washington SVP Statutory Amendments re Re-Commitment Hearings Not Retroactive by Washington state civilly committed sexually violent predators (SVPs) Harry Fox, Robert Jones and Anthony Jacka appealed the dismissal of their previously-ordered re-commitment hearings. The appellate court found that SVP statutory amendments operated to deny Fox and Jones hearings, but Jacka's …
California: Few Sex Predators Civilly Committed To Mental Hospitals, Despite Expanded Qualification Criteria by John Dannenberg by John E. Dannenberg Even though California widely expanded the potential pool of violent sex predator (SVP) prisoners who could be forced into mental hospitals after completing their criminal sentences, and despite spending $27 …
Washington Civilly Committed SVPs Entitled To Less Restrictive Alternative Than McNeil Island by In a brief opinion, the United States Court of Appeals for the Ninth Circuit upheld a decision by the United States District Court for the Western District of Washington which required a "less restrictive alternative" facility to …
Article • July 15, 2008
Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions by The United States Court of Appeals for the Ninth Circuit reaffirmed their ruling upholding the so-called "Turay Injunction" but refused to hear an appeal of $10 million., in contempt sanctions against the defendants due to lack of …
Washington Study Finds Higher Recidivist Rate Amongst Sex Offenders Recommended, But Not Committed, For Civil Commitment by David Reutter by David M. Reutter A report by the Washington State Institute for Public Policy concludes that sex offenders “who were referred for possible civil commitment have a much higher pattern of …
Court Terminates MA Civil Commitment Center Injunction by The Massachusetts Treatment Center for Sexually Dangerous Persons is not a "prison" and persons civilly committed to it are not "prisoners" for purposes of the PLRA judgment termination provisions Persons committed to it received indeterminate sentences of one day to life to …
California Sex Offenders Uprooted by New Restrictive Residency Law by California?s pernicious ?Jessica?s Law,? overwhelmingly approved by voters on November 7, 2006 as a result of Proposition 83, restricts certain paroled sex offenders from living within 2,000 feet of a school, park or other areas where children are present. As …
Article • January 15, 2008
Ninth Circuit: Heck Favorable Termination Rule Applies to Civil Commitments by By John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the "favorable termination rule" of Heck v. Humphrey, 512 U.S. 477 (1994) [which requires that before a prisoner can bring a 42 U.S.C. § 1983 civil …
Article • January 15, 2008
Native American Legally Civilly Committed by The Seventh Circuit Court of Appeals has upheld a ruling by the Wisconsin Supreme Court that allows a Native American to be involuntarily committed as a sexually violent person. The Seventh Circuit's ruling relies substantially on the Anti-Terrorism and Effective Death Penalty Act (AEDPA) …
Article • January 15, 2008
WI Sex Offender Wrongly Forced to Consent to Videotaping of Treatment Sessions by Dennis Thiel, a Wisconsin state prisoner, was committed as a sexually violent person to the state Department of Health and Family services (DHFS). He sued DHFS personnel in state court for withholding treatment from him because he …
Article • January 15, 2008
Sexual History May Trump Test Results Leading to SVP Classification Despite Castration by California prisoner and sexually violent predator (SVP) Edward Flores appealed a 2005 jury decision to retain him in the state hospital as a civilly-committed sex offender. He claimed that his voluntary castration should render the use of …
“Please Rip Us Off” Florida Officials Tell Private Prison Companies by David Reutter "Please Rip Us Off" Florida Officials Tell Private Prison Companies by David M. Reutter Despite having ordered a criminal investigation into its private prison contractors, the Florida Legislature and Governor Charlie Crist have enacted legislation that specifies …
Article • November 15, 2007 • from PLN November, 2007
New York High Court Invokes Due Process Rights for Civil Commitment of Alleged Sexual Predators by The New York Court of Appeals reversed a ruling by the Appellate Division that had permitted sex offenders nearing the end of their criminal sentences to be summarily transferred to mental health facilities (e,g., …
Florida’s Civil Commitment Center Exhibits Little Change Despite New Contractor by David Reutter Florida's Civil Commitment Center Exhibits Little Change Despite New Contractor by David M. Reutter Despite recent scandals and a new private contractor, the Florida Civil Commitment Center (FCCC) is still a facility with little direction other than …
Article • September 15, 2007 • from PLN September, 2007
California Sexual Predator Commitment Requires Trial; Cannot be Based on Civil Discovery Admissions by The California Court of Appeal, District 4, held that the civil commitment of sexual predators (Cal. Welfare and Institutions Code § 6600 et seq.) cannot be obtained upon admissions propounded under civil discovery rules. To do …
Article • July 15, 2007 • from PLN July, 2007
Washington State’s Federal Oversight of Sexually Violent Predators Ended by John Dannenberg Washington State's Federal Oversight of Sexually Violent Predators Ended by John E. Dannenberg After thirteen years of oversight, the U.S. District Court (W.D. Wash.) dissolved its injunction that had taken over control of Washington State's sexually violent predator …
Increasingly Repressive Sex Offender Residency Restrictions Have Doubtful Benefits by John Dannenberg by John E. Dannenberg While politicians trample each other in their rush to enact increasingly onerous post-release residency restrictions on all manner of sex offenders, the California Legislature took pause to commission a study to measure the effectiveness …
Article • May 15, 2007
Oregon Court Invalidates Civil Committee's Treatment Plan by A federal court in Oregon held that a state hospital committee's treatment plan which precluded him from sending non-threatening, although outrageous, letters to government officials violated the patient's First Amendment rights. This is the same case as Martyr v. Bachik, 755 F.Supp. …
Article • May 15, 2007
Seclusion Order for Civil Detainees Cannot be for Punishment Unless Alternatives Fail by Seclusion Order for Civil Detainees Cannot be for Punishment Unless Alternatives Fail A Wisconsin Federal District Court held that a civilly committed sex offenders' security related seclusion placements did not violate the offenders' substantive due process rights, …
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