Mitchell Hamline School of Law

Sex Offense Litigation and Policy Resource Center

8th Cir.

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

Posted: September 9, 2023
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.

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

In the Matter of the Civil Commitment of Kenney (Minn. 2021)

Posted: September 9, 2023
Minnesota Supreme Court opinion reversing a judgment of the appellate court regarding a civilly committed individual's petition for reduction in custody, holding that the clear error standard of review does not allow an appellate court to reweigh evidence.

In the Matter of the Civil Commitment of Kenney (Minn. 2021)

Topics

Jurisdiction

Constitutional Issues

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