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Attorney Fee Awards Determined on Case Facts by The United States Supreme Court held that the amount of an attorney award, under 42 U.S.C. § 1988, must be determined on the facts specific for the case, that success on the various issues is a crucial factor, and that such awards …
Iowa Supreme Court Holds Prison Sex Offender Screening Process Constitutional by On October 22, 2004 the Iowa Supreme Court ruled on a prisoner's claim that a prison rule concerning sexually violent prisoners enacted after his imprisonment effectively removed him from consideration for early parole. The court held that although the …
Article • May 15, 2007
Court Rejects Mental Patient's Toilet Deprivation Suit by The plaintiff, an involuntarily committed psychiatric patient, urinated on himself when an aide did not let him go the bathroom immediately. His claim is adjudicated under the Eighth Amendment, even though it is inapplicable to mental patients, because neither party questioned its …
Texas Supreme Court: Sex Offender Civil Commitment Statute Is Constitutional by By Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas (SCT) held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore …
Article • May 15, 2007
Sex Offenders Have No Right to Treatment by The court of appeals for the Tenth circuit held that New Mexico sex offenders were not entitled to treatment for sexual disorders under the Eighth amendment. With the proliferation of civil commitment laws that purport to imprison sex offenders after completion of …
Article • May 15, 2007
California Prisoner Committed to State Hospital Beats Battery Charge Because He Was Not "Confined in by California Prisoner Committed to State Hospital Beats Battery Charge Because He Was Not "Confined in State Prison" The California Court of Appeal reversed a battery-on-staff conviction that a mentally ill prisoner had suffered while …
Dismissal for Frivolousness is Basis for Res Judicata by The U.S. Seventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 suit by a civilly-committed person filed against officials of the Wisconsin Department of Health and Family Services (WDHFS) was barred by res judicata because a prior suit …
Eighth Circuit Reverses Dismissal for Consideration Under McKune v. Lile by The U.S. Eighth Circuit Court of Appeals reversed the dismissal of a Missouri prisoner's suit, holding that qualified immunity does not shield officials from equitable relief and that the prisoner's suit raised issues that must be considered in light …
Article • May 15, 2007
Social Security Benefit Suspension For Civilly Committed Upheld by The Third Circuit Court of Appeals held that Social Security benefits may be suspended to a person confined "in connection with" a prior Not Guilty by Reason of Insanity (NGRI) verdict. The claimant was found by a jury to be NGRI …
Article • May 15, 2007
Prisoner Need Not Surrender Amenities to Proceed In Forma Pauperis by The Third Circuit Court of Appeals held that prisoners seeking in forma pauperis status need not deprive themselves of the small amenities of life they are permitted to acquire in prison. This action was filed by a Pennsylvania prisoner …
Article • May 15, 2007
Dismissal of Minnesota Sex Offender's Search and Seizure Claim Upheld by The U.S. Eighth Circuit Court of Appeals upheld the dismissal of a civilly committed Minnesota prisoner's claim that the search and seizure of his property violated his constitutional rights and state law. While imprisoned at the Moose Lake facility …
Suit Challenging WI Civil Commitment Conditions Dismissed by The plaintiff, committed involuntarily as a sexually violent person, challenged various institutional practices. The plaintiff's complaint that he was required to disclose his history of sexual assaults, charged and uncharged, before he could be eligible for the main treatment program and be …
Previous Convictions And Serious Difficulty Controlling One's Actions Sufficient In SVP Determinatio by Previous Convictions And Serious Difficulty Controlling One's Actions Sufficient In SVP Determination A California State prisoner claimed due process violation when the court failed to instruct a jury that they had to find him "dangerous beyond his …
Article • May 15, 2007
SVP'S Have No Right To Counsel During Evaluation by Washington State prisoner Alfred E. Kistenmacher appealed a jury's determination that he is a sexually violent predator (SVP) under RCW 71.09, and claimed Fifth Amendment violation for not being afforded counsel's presence during the SVP evaluation. Kistenmacher was convicted of two …
WA Sex-Offender Gets New Civil Commitment Trial With Court Appointed Witness by In 2000, John Anderson had been voluntarily committed to the Western State Hospital in Tacoma, Washington for ten years. He had a long history of sexual assaults and violent sexual fantasies. In 2000, the state filed civil commitment …
Article • May 15, 2007
IL Civil Commitment Law Upheld by In 1998 Herbert Varner, an Illinois state prisoner, was finishing a thirteen-year sentence for sexually abusing his five-year-old niece when the state initiated civil commitment proceedings against him under ILCS § 207/1, et seq. A jury found that Varner suffered from a mental disorder …
Seventh Circuit Applies PLRA to IL Civil Commitment Prisoners with Pending Charges by Seventh Circuit Applies PLRA to IL Civil Commitment Prisoners with Pending Charges The district court dismissed at screening for non exhaustion. At 978: "Although the judge used 28 U.S.C. § 1915A to act peremptorily, failure to employ …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
Article • April 15, 2007 • from PLN April, 2007
Washington State Supreme Court Justice Reprimanded For Visiting Prisoners by Citing an ?appearance of partiality,? a nine-member substitute special panel of the Washington State Supreme Court admonished Justice Richard B. Sanders for his having visited McNeil Island Special Commitment Center in 2003 where he spoke with sexually violent predator prisoners …
Bureau of Prisons Begins Certifying Sexually Dangerous Persons by David Beneman BOP has a new tool authorized this summer as part of the Adam Walsh Act. BOP may now ?certify? prisoners as ?sexually dangerous persons? (SDP). Certification can occur prior to sentencing, or at any time after the commencement of …
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