District Court granting Plaintiff a preliminary injunction where Plaintiff's right to live with his wife and step-children was prohibited by parole conditions preventing him from contacting any person under the age of eighteen, concluding that Plaintiff's right to live with his wife was fundamental, that he was likely to succeed on the merits of his § 1983 due process claim, that he faced a likelihood of irreparable harm, and that the balance of equities and public interest favored issuance of a preliminary injunction.
Eighth Circuit opinion in a Fair Labor Standards Act (FLSA) case affirming district court holding and concluding that civil committees in Minnesota's sex offense civil commitment program participating in a vocational work program are not employees as defined by the FLSA.
California Court of Appeal decision reversing and remanding trial court in an involuntary commitment SVPA case, holding that exclusion of critical defense expert testimony to rebut the prosecution's two expert witnesses deprived Appellant of a fair trial.
Iowa Supreme Court opinion holding that although inmates have a liberty interest in parole, the state is not violating inmates' right to due process by delaying sex offense treatment that must completed to be meaningfully considered for parole. The opinion states that the Iowa Department of Corrections has acted reasonably in attempting to address the fact there are too many individuals convicted of sex offenses in the system to provide treatment on a timely basis.
Tenth Circuit opinion affirming district court decision denying petition for writ of habeas corpus by state prisoner serving indeterminate sentence of one year to life under Colorado Sex Offenders Act.
District of Idaho opinion granting a preliminary injunction preventing the state from forcing Plaintiffs to register as sex offenders based on Plaintiffs' pre-Lawrence v. Texas convictions for violating state Crime Against Nature statutes.
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.
South Carolina Court of Appeals opinion holding that a competency evaluation is not a requirement of Due Process in the context of state SVP proceedings.
4th Circuit Court of Appeals opinion affirming the lower court dismissal of a lawsuit brought by an individual incarcerated on a sex offense who sued alleging that Department of Corrections Regulations that resulted in him being denied in-person visitation with his minor daughter violated Equal Protection and Due Process.
South Carolina Supreme Court Opinion holding that lifetime registration without an opportunity to review one's risk of re-offense violates Due Process.