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Article • May 15, 2007
California Supreme Court Interprets Portions of Sexually Violent Predator Act by The California Supreme Court has issued a decision interpreting three portions of that state's Sexually Violent Predator Act (SVPA). First, the court held that a petition seeking to commit or recommit a person under the SVPA cannot be filed …
No Heightened Pleading Standard for 1983 Actions by The U.S. Court of Appeals for the Third Circuit has reinstated a pro se prisoner's action challenging his involuntary commitment to a psychiatric hospital under 42 U.S.C. 1983. A lower court had dismissed the case for failure to state an actionable cause. …
Washington State Civil Commitment Statute Constitutional by The U.S. Ninth Circuit Court of Appeals held that Washington State's Community Protection Act of 1990 (CPA) did not violate the double jeopardy or ex post facto clauses of the U.S. Constitution. In 1994, Petitioner Andre Young sought federal writ of habeas corpus …
Kansas SVP Verdict Dismissed for Untimely Trial by The Kansas Supreme Court held that failure to try a person alleged to be a sexually violent predator ("SVP") within the statutorily prescribed time period divests the trial court of jurisdiction over the SVP petition, requiring dismissal with prejudice. In April 2000, …
Article • May 15, 2007
California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Still Meritless by John Dannenberg California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Still Meritless by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that because the two-year interval between recurring civil commitment …
Article • May 15, 2007
WA State Properly Filed Civil Commitment Petition Two Days Before Prisoner's Prison Release Date by WA State Properly Filed Civil Commitment Petition Two Days Before Prisoner's Prison Release Date On May 9, 2000, George Taylor, a Washington State Prisoner, was two days shy of his prison release date on a …
Minnesota Sex Predator Not Entitled to Jury Trial before Being Civilly Committed by Minnesota Sex Predator Not Entitled to Jury Trial before Being Civilly Committed James Poole, a Minnesota state prisoner, was civilly committed for an indefinite period of time under that state's sexual predator laws. He was not allowed …
Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment by Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment In 1978, Merlin Ohlinger and another man identified only as Haddon (plaintiffs) were Oregon state prisoners. Both had indeterminate life sentences under OKS …
Racial Discrimination Claim in IL Civil Commitment Must Be Brought under Habeas by The plaintiffs are present and former civil detainees in the Sexually Violent Persons Units of the prison system who alleged that commitment to that program reflected racial bias against African-American offenders who committed crimes against white victims. …
Article • May 15, 2007
Okay to Hold Sexually Violent Predator in Jail for Trial by The plaintiff was held after the expiration of his sentence pursuant to the state Sexually Violent Predators Act. He spent some time in a county jail after that point, in connection with hearings on his commitment, and alleges that …
Article • May 15, 2007
No Police or Hospital Liability for Catheterizing Motorist for Drug Test by The plaintiff ran out of gas and was walking down the road, without a coat in January. Sheriff's deputies concluded he was "bonkers" and "totally out of it," so they took him into custody, handcuffing him though they …
Article • May 15, 2007
No Liability for Medical Neglect Death of Mental Patient by The plaintiff, involuntarily committed to a civil mental hospital, suffered from chronic obstructive pulmonary disease. She was prescribed clozapine, which presented risks for someone in her condition and also caused weight gain, which further aggravated the risk. Her problems were …
Challenges to Illinois Civil Commitment Treatment Dismissed by The plaintiffs, civilly committed under the state Sexually Dangerous Persons Act before trial, complained that they were held in a wing of a state prison, that their treatment includes self-accusatory features, and that it is conducted on a group rather than an …
Sexual Predator Statute Cannot Be Challenged in Habeas Corpus Proceeding by The U.S. Sixth Circuit Court of Appeals held that an Ohio prisoner could not use habeas corpus, 28 U.S.C. § 2254, to challenge the constitutionality of Ohio's sexual predator law, Ohio Revised Code (O.R.C.) § 2950.01, et. seq. Oliver …
Article • May 15, 2007
PLRA Doesn't Apply to Mental Patients by The court of appeals for the Eighth circuit held that the Prison Litigation Reform Act (PLRA) does not apply to mental patients. Cyrill Koloctronis was found not guilty by reason of insanity of a criminal charge in 1960 and has been confined to …
Article • May 15, 2007
Washington Supreme Court Requires Proof of Recent Overt Act in Sexually Violent Predator Case by Washington Supreme Court Requires Proof of Recent Overt Act in Sexually Violent Predator Case The Washington Supreme Court held that when a prisoner has been released into the community after completing a sentence for a …
Transfer to Mental Hospital without Due Process Unconstitutional by The U.S. Supreme Court ruled that a Nebraska law was unconstitutional because it did not afford due process protections. The law, § 83-180(1), allowed the transfer of a state prisoner to a mental hospital if a designated mental health professional determined …
Article • May 15, 2007
Iowa: Prior Sex Offenses Not Grounds For Prisoner's Continued Confinement by The Iowa Supreme Court held that a state prisoner who had prior convictions for sex offenses but was not currently imprisoned on sex- related charges was ineligible for commitment as a sexually violent predator. Jessie J. Gonzalez was convicted …
Washington Supreme Court Holds Sex Offender Treatment Files Confidential by The Washington State Supreme Court held confidentiality agreements that are signed must be supported by mutually agreed upon conditions to be enforced as a contract. An agreement can not be presented as a "Take it or leave it" proposition. The …
Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights by Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights The California Court of Appeal held that a sexually violent predator (SVP) who appealed his biennial civil recommitment to Atascadero State Hospital (ASH) was not …
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