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Sex Offense Litigation and Policy Resource Center

Civil Commitment Cases

Litigation and Policy Resource Center

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Recent Cases

  • In re Gadlin (Cal. 2020)

  • State v. Batson (Wash. 2020)

  • State v. Genson (Kan. Ct. App. 2020)

  • In re Stoddard (Tex. 2020)

  • Does v. Wasden (9th Cir. 2020)

  • State v. Townsend (Ohio 2020)

  • United States v. Bobal (11th Cir. 2020)

  • Johnson v. Superintendent (N.Y. 2020)

  • Hixson v. Missouri State Highway Patrol (Mo. Ct. App. 2020)

  • Bilal v. Geo Care (11th Cir. 2020)

Contact Information

Sex Offense Litigation and Policy Resource Center

875 Summit Avenue
Saint Paul, MN 55105

Professor Eric Janus, Director

eric.janus@mitchellhamline.edu

Guy Hamilton-Smith, Legal Fellow

guy.hamiltonsmith@mitchellhamline.edu


In re Commitment of Stephenson (Wis. 2020)

Wisconsin Supreme Court opinion holding that expert evidence was not required in order to continue to find that a petitioner met the criteria for indefinite civil detention, and that the evidence was sufficient at trial.

In re Stoddard (Tex. 2020)

Texas Supreme Court opinion reversing a lower court on the correct standard of review for factual insufficiency claims in SVP commitment proceedings.

Bilal v. Geo Care (11th Cir. 2020)

11th Circuit Court of Appeals opinion reversing in part a lower court dismissal of a civil detainee who brought a lawsuit alleging violation of his Due Process rights in connection with his transport to a court hearing and detention in a jail.

In re Bilton (S.C. Ct. App. 2020)

South Carolina Court of Appeals reversing the civil commitment of an individual who was committed based, at least in part, on the testimony of an expert witness discussing the results of a PPG test administered on that individual that the expert did not perform themselves.

Tilley v. United States (D.C. Ct. App. 2020)

District of Columbia Court of Appeals opinion striking down as facially unconstitituional the District’s first-generation sexual psychopath law.

In re Butler (Cal. Ct. App. 2020)

California Court of Appeal opinion finding that a 12 year trial delay in a SVP proceeding violates Due Process.

Benitez v. Hutchens (9th Cir. 2020)

9th Circuit Court of Appeals reversing the dismissal of a civil rights complaint, alleging that confinement in a jail as a civil committee violated constitutional rights.

In re Bluitt (Tex. 2020)

Texas Supreme Court decision holding that in a SVP proceeding, the right to appear at trial means physical presence.

In re Jones (Tex. 2020)

Texas Supreme Court opinion finding that, while it was error not to submit a jury instruction in a SVP trial informing the jury that they did not need to reach a unanimous verdict to find for the Petitioner, this error was harmless.

In re Jones (Kan. Ct. App. 2020)

Kansas Court of Appeals opinion reversing the dismissal of an SVP petition where expert evaluators disagreed as to whether the Appellee met the statutory criteria for commitment.

People v. Superior Court (Cal. Ct. App. 2019)

California Court of Appeal affirming the dismissal of an SVP petition, where the state relied on inadmissible hearsay in the form of expert evaluator reports to meet their burden of proof.

In re Quillen (Kan. Ct. App. 2019)

Kansas Court of Appeals opinion reversing denial of petition for transitional release from civil commitment, where jury instructions did not require the state to prove beyond a reasonable doubt that Appellant had a mental abnormality which would make it seriously difficult for him to control his behavior.

Meyer v. Stacken (D. Minn. 2019)

Federal trial court in Minnesota refusing to dismiss a civil rights lawsuit alleging constitutional violations stemming from MSOP officials refusing to allow family visitations with civilly committed individual.

Van Orden v. Stringer (8th Cir. 2019)

8th Circuit Court of Appeals affirming the dismissal of class-action litigation concerning Missouri’s sex offense civil commitment program in light of Karsjens.

In re Sigler (Kan. 2019)

Kansas Supreme Court affirming the commitment of an individual who was the subject of a second SVP petition in the wake of technical violations of his supervision, rejecting res judicata, collateral estoppel and Due Process arguments.

Pesci v. Budz (11th Cir. 2019)

11th Circuit Court of Appeals opinion finding that civil commitment center’s ban on committee’s publication and subsequent page-limitations did not offend First Amendment rights.

United States v. White (4th Cir. 2019)

4th Circuit Court of Appeals holding that district court lacked the authority to dismiss a commitment proceeding against someone who was not competent to stand trial, and that furthermore such a commitment proceeding would not offend Due Process protections.

Thomas v. Commonwealth (Va. 2019)

Virginia Supreme Court holding that Due Process does not require the state appoint expert witnesses for indigent respondents in the context of SVP hearings.

Taft et al. v. Branstad (8th Cir. 2019)

8th Circuit Opinion affirming the dismissal of an equal protection and gender discrimination claim brought by a group of civilly committed individuals in Iowa’s SOCC facility.

Lawyer v. J.M. (N.D. 2019)

North Dakota Supreme Court reversing a trial court finding that an individual remained sexually dangerous due to bouts of non-sexual aggression.

Matter of Chapman (S.C. 2017)

South Carolina Supreme Court holding that there is both a statutory and constitutional right to effective assistance of counsel in SVP proceedings.

In re Chapman (Mass. 2019)

Supreme Judicial Court of Massachusetts Opinion holding that individual who state alleges meets the criteria for an SVP, but whom neither examiner concludes is an SVP, is entitled to release pending trial.

Healey v. Spencer (1st Cir. 2014)

1st Circuit Court of Appeals case affirming in part and reversing in part complex litigation involving Massachusetts Treatment Center, finding no Due Process violations in Appelants cases.

People v. Superior Court (Cal. Ct. App. 2nd. Dist. 2018)

California Court of Appeal opinion finding that right to Speedy Trial was violated in case of man who was held for 17 years without civil commitment hearing due to variety of factors.

Willis v. Palmer (N.D. Iowa 2018)

Civil rights lawsuit brought by individuals civilly committed in Iowa challenging constitutionality of continued detention. District court dismissed various claims in light of Karsjens decision.

United States v. Welsh (4th Cir. 2018)

4th Circuit Court of Appeals decision holding that, despite underlying federal conviction being vacated, federal civil commitment order was still valid.

United States v. Comstock (4th Cir. 2010)

After remand from Supreme Court, Fourth Circuit addresses Due Process challenge to civil commitment evidentiary standard, holding that it is not unconstitutional in light of prior decisions distinguishing civil and criminal proceedings.

Ireland v. Anderson (D.N.D. 2017)

Several individuals confined to North Dakota’s hospital as sexually dangerous individuals filed § 1983 suit alleging various unconstitutional violations. In ongoing litigation, District Court has thus far ruled that state statutory scheme is facially unconstitutional in that it placed no affirmative duty on state authorities to discharge those who no longer met criteria.

U.S. v. Comstock (US 2010)

United States Supreme Court case, within the context of analysis of the Necessary and Proper clause, holding that federal statute with authorizes the civil commitment of persons convicted of sexual offenses is constitutional.

McGee v. Bartow (7th Cir. 2010)

Seventh Circuit affirming dismissal of habeas corpus petition by civilly committed individual who alleged, inter alia, that diagnoses of paraphilia and personality disorder NOS as well as failure to specifically find lack of volitional control by committing court violated constitutional rights.

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Topics

Jurisdiction

10th Cir. 11th Cir. 1st Cir. 2nd Cir. 3rd Cir. 4th Cir. 5th Cir. 6th Cir. 7th Cir. 8th Cir. 9th Cir. 9th Circuit Alabama Alaska Arizona California Colorado Connecticut D.C. Cir. Florida Georgia Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Neb. Nebraska New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania South Carolina South Dakota Tennessee Texas United States Supreme Court Utah Vermont Virginia Vt. Washington Wisconsin

Constitutional Issues

10th Amendment 14th Amendment 1st Amendment 4th Amendment 5th Amendment 6th Amendment 8th Amendment Assistance of Counsel Bail Bill of Attainder Compelled Speech Double Jeopardy Due Process Equal Protection Ex Post Facto Foreign Commerce Clause Fourteenth Amendment Freedom of Association Full Faith and Credit Habeas Corpus Necessary and Proper Nondelegation Overbreadth Privileges and Immunities Procedural Due Process Right to Jury Trial Right to Parent Right to Travel Ripeness Speedy Trial Standing Substantive Due Process Takings Clause Treaty power Void-for-Vagueness

Substantive Issues

Actual Innocence Administrative exhaustion Administrative Procedures Act AEDPA Antisocial Personality Disorder Apprendi / Alleyne As-Applied AWA Burden of Proof Churches Civil Commitment Collateral Estoppel Conditions of Confinement Conditions of Release Daubert Deregistration Evidentiary Standards Expungement Extraterritorial Registration Failure to Register Familial Relationships GPS Halloween Hearsay Heck bar Homelessness Housing HUD Immigration Ineffective Assistance International Travel Internet Identifiers Internet Restrictions Jury Instructions Juvenile Registration Mental disorder Non-Sexual Offense Notification Out-of-state Offense Paraphilia Diagnosis Pardon Parole Personality Disorder Plea Agreement Plethysmograph PLRA Polygraphs Preemption Presence Restrictions Procedural Default PROTECT Act Punishment Qualified Immunity Recidivism Reclassification Res Judicata Residential Banishment Retroactive Application (Non-EPF) Revocation of Supervision Risk School Property Second / Subsequent Offense Sentencing Sexual Predator designation Sign Posting Special Needs Supervised Release SVP Tiering / Classification Tolling Transitional Release Travel Travel Restrictions Treatment Programs Voting Rights






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