Brown v. Tarrant County, No. 19-10594 (5th Cir. 2021)
Nature of Case: Appellant was civilly confined under Texas SVP law. During a twenty-day stay in a jail, he was denied sex offender treatment. Appellant ultimately brought suit against the sheriff and the county, alleging that his Due Process rights had been violated. The trial court dismissed, finding that the sheriff was entitled to qualified immunity. Appellant sought review.
Holding: 5th Circuit Court of Appeals affirmed the dismissal, holding that the right to sex offender treatment for an individual adjudicated as a SVP was not clearly established under Texas law, and thus the sheriff was entitled to qualified immunity for its denial.