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Bailey v. Pataki, No. 10-2563 (2nd Cir.) (708 F.3d 391) (February 14, 2013) (Judge Robert D. Sack)

Article • February 18, 2013 • from P&J February, 2013

Filed under: Civil Commitment, Punch And Jurists

Bailey v. Pataki, No. 10-2563 (2nd Cir.) (708 F.3d 391) (February 14, 2013) (Judge Robert D. Sack) by During the period between 1998 and 2005, former New York State Governor George Pataki made repeated attempts to get the New York State Legislature to enact legislation providing for the civil confinement …

U.S. v. Wooden, No. 11-7226 (4th Cir.) (693 F.3d 440) (September 6, 2012) (Judge William B. Jr. Traxler)

Article • September 17, 2012 • from P&J September, 2012

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Wooden, No. 11-7226 (4th Cir.) (693 F.3d 440) (September 6, 2012) (Judge William B. Jr. Traxler) by The Adam Walsh Child Protection and Safety Act of 2006 (the “Walsh Act”) authorizes the Government to civilly commit “sexually dangerous” federal inmates after the expiration of their sentences. (18 U.S.C. …

Bailey v. Pakaki, No. 08 Civ. 8563 (JSR) (S.D.N.Y.) (722 F.Supp.2d 443) (July 6, 2010) (Judge Jed S. Rakoff)

Article • July 26, 2010 • from P&J July, 2010

Filed under: Civil Commitment, Punch And Jurists

Bailey v. Pakaki, No. 08 Civ. 8563 (JSR) (S.D.N.Y.) (722 F.Supp.2d 443) (July 6, 2010) (Judge Jed S. Rakoff) by During the period between 1998 and 2005, former New York State Governor George Pataki made repeated attempts to get the New York State Legislature to enact legislation providing for the …

U.S. v. Comstock, No. 08-1224 (U.S. Supreme Court) (560 U.S. 126; 130 S.Ct. 1949) (May 17, 2010) (Justice Breyer)

Article • May 31, 2010 • from P&J May, 2010

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Comstock, No. 08-1224 (U.S. Supreme Court) (560 U.S. 126; 130 S.Ct. 1949) (May 17, 2010) (Justice Breyer) by One of the most controversial and hotly-debated provisions of the Adam Walsh Child Protection and Safety Act of 2006 (herein the “Walsh Act”) is 18 U.S.C. § 4248, which gives …

U.S. v. Carta, No. 09-1949 (1st Cir.) (592 F.3d 34) (January 15, 2010) (Judge Michael Boudin)

Article • April 19, 2010 • from P&J April, 2010

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Carta, No. 09-1949 (1st Cir.) (592 F.3d 34) (January 15, 2010) (Judge Michael Boudin) by In U.S. v. Carta, 620 F.Supp.2d 210 (D.Mass. June 4, 2009) (Carta I) (P&J, 08/10/09), Judge Tauro of the D.Mass. issued an interesting decision in which he declined to grant the Government’s motion, …

U.S. v. Volungus, No. 09-1596 (1st Cir.) (595 F.3d 1) (January 8, 2010) (Judge Bruce M. Selya)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Volungus, No. 09-1596 (1st Cir.) (595 F.3d 1) (January 8, 2010) (Judge Bruce M. Selya) by Here the Court upheld 18 U.S.C. § 4248 which permits the civil commitment of "sexually dangerous persons" after release from prison as within the legitimate scope of congressional power conferred by the …

U.S. v. Hernandez-Arenado, No. 08-cv-278-JPG (N.D.Ill.) (624 F.Supp.2d 985) (June 9, 2008) (Judge J. Phil Gilbert)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Hernandez-Arenado, No. 08-cv-278-JPG (N.D.Ill.) (624 F.Supp.2d 985) (June 9, 2008) (Judge J. Phil Gilbert) by Here the Court held that a prisoner who has been detained by the INS but who was in BOP custody was not eligible for civil commitment as a “sexually dangerous person” under 18 …

U.S. v. Carta, No. Civ. No. 07-12064-JLT (D.Mass.) (620 F.Supp.2d 210) (June 4, 2009) (Judge Joseph L. Tauro)

Article • August 1, 2009 • from P&J August, 2009

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Carta, No. Civ. No. 07-12064-JLT (D.Mass.) (620 F.Supp.2d 210) (June 4, 2009) (Judge Joseph L. Tauro) by This lengthy decision is noted because it presents an in-depth view of some of the hurdles that defense counsel can expect to encounter when defending against the Government’s efforts to delay …

U.S. v. Tom, No. 08-2345 (8th Cir.) (565 F.3d 497) (May 13, 2009) (Judge Diana E. Murphy)

Article • April 1, 2009 • from P&J April, 2009

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Tom, No. 08-2345 (8th Cir.) (565 F.3d 497) (May 13, 2009) (Judge Diana E. Murphy) by As expected, the battle over the constitutionality of 18 U.S.C. § 4248 is beginning to heat up. That statute, which was enacted into law on July 27, 2006 as part of the …

U.S. v. Volungus, No. Civ. No. 07-12060-GAO (D.Mass.) (599 F.Supp.2d 68) (February 27, 2009) (Judge George A. Jr. O'Toole)

Article • April 1, 2009 • from P&J April, 2009

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Volungus, No. Civ. No. 07-12060-GAO (D.Mass.) (599 F.Supp.2d 68) (February 27, 2009) (Judge George A. Jr. O'Toole) by Here the Court held that the civil commitment provisions of the Adam Walsh Act (18 U.S.C. § 4248) (which authorizes, inter alia, the Attorney General and the Director of the …

U.S. v. Comstock, No. 07-7671 (4th Cir.) (551 F.3d 274) (January 8, 2009) (Judge Diana Gribbon Motz)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Comstock, No. 07-7671 (4th Cir.) (551 F.3d 274) (January 8, 2009) (Judge Diana Gribbon Motz) by Here the Fourth Circuit became the first Federal appellate court to hold that the civil commitment provisions of the Adam Walsh Child Protection and Safety Act (18 U.S.C. § 4248) are unconstitutional …

U.S. v. Comstock, No. 06-HC-2195-BR (E.D.N.C.) (507 F.Supp.2d 522) (September 7, 2007) (Judge W. Earl Britt)

Article • August 1, 2007 • from P&J August, 2007

Filed under: Civil Commitment, Punch And Jurists

U.S. v. Comstock, No. 06-HC-2195-BR (E.D.N.C.) (507 F.Supp.2d 522) (September 7, 2007) (Judge W. Earl Britt) by Judge Britt’s 59-page decision in this case addresses a growing and highly contentious issue - namely, the narrowing and ever-fuzzier distinctions between civil and criminal commitment for sex offenders. Historically, prisons have been …

Seling v. Young, No. 99-1185 (U.S. Supreme Court) (531 U.S. 250; 121 S.Ct. 727) (January 17, 2001) (Justice O'Connor)

Article • January 31, 2002

Filed under: Civil Commitment, Punch And Jurists

Seling v. Young, No. 99-1185 (U.S. Supreme Court) (531 U.S. 250; 121 S.Ct. 727) (January 17, 2001) (Justice O'Connor) by Here the Court held that a state law which authorizes the civil commitment of "sexually violent predators" cannot be deemed punitive "as applied" to a single individual in violation of …

Foucha v. Louisiana, No. 90-5844 (U.S. Supreme Court) (504 U.S. 71; 112 S.Ct. 1780) (May 18, 1992) (Justice White)

Article • January 29, 2002

Filed under: Civil Commitment, Punch And Jurists

Foucha v. Louisiana, No. 90-5844 (U.S. Supreme Court) (504 U.S. 71; 112 S.Ct. 1780) (May 18, 1992) (Justice White) by Here the Court held that a Louisiana statute which allows an insanity acquittee to be committed to a mental institution until he is able to demonstrate that he is not …

Kansas v. Hendricks, No. 95-1649 (U.S. Supreme Court) (521 U.S. 346; 117 S.Ct. 2072) (June 23, 1997) (Justice Thomas)

Article • January 29, 2002

Filed under: Civil Commitment, Punch And Jurists

Kansas v. Hendricks, No. 95-1649 (U.S. Supreme Court) (521 U.S. 346; 117 S.Ct. 2072) (June 23, 1997) (Justice Thomas) by In this case, the Court upheld as constitutional the provisions of a Kansas Sexually Violent Predator Act (SVPA) which called for the involuntary and continued civil commitment of sex offenders …

Kansas v. Crane, No. 00-957 (U.S. Supreme Court) (534 U.S. 407; 122 S.Ct. 867) (January 22, 2002) (Justice Breyer)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Civil Commitment, Punch And Jurists

Kansas v. Crane, No. 00-957 (U.S. Supreme Court) (534 U.S. 407; 122 S.Ct. 867) (January 22, 2002) (Justice Breyer) by In this case, the Supreme Court set some loose limits on the growing state practice of keeping sexual predators in extended civil confinement after their criminal sentences expire - holding …