Mitchell Hamline School of Law

Sex Offense Litigation and Policy Resource Center

Civil Commitment

McDeid v. Johnston (Minn. 2023)

Posted: February 3, 2023
Minnesota Supreme Court opinion holding that patients civilly committed to Minnesota's Sex Offender Program ("MSOP") had a clearly established right to transfer to a less restrictive environment within a reasonable time following issuance of a Minnesota Commitment Appeals Panel transfer order.

McDeid v. Johnston (Minn. 2023)

Karsjens v. Harpstead (D. Minn. 2022)

Posted: March 5, 2022
District Court opinion on remand from the Eighth Circuit holding that Plaintiffs challenged conditions of confinement serve legitimate governmental objectives that are not excessive, arbitrary, purposeless, or punitive and that there is insufficient evidence to conclude that Defendants were deliberately indifferent to any specific illness or injury or that any alleged indifference caused any actual injury or harm.

Karsjens v. Harpstead (D. Minn. 2022)

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

Posted: November 3, 2021
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)

Howe v. Godinez (S.D. Ill. 2021)

Posted: November 3, 2021
Southern District of Illinois opinion finding that systemic failures to provide adequate mental health treatment at Big Muddy River Correctional Center’s Sexually Dangerous Persons Program resulted in Plaintiffs’ detainment “without real hope of release” and deprived Plaintiffs of due process in violation of the Fourteenth Amendment.

Howe v. Godinez (S.D. Ill. 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 Voting Rights