×
You've used up your 3 free articles for this month. Subscribe today.
Civil Commitment Must be Challenged through Commitment Proceedings Instead of Habeas Corpus
Loaded on May 15, 2012
by Brandon Sample
published in Prison Legal News
May, 2012, page 47
A federal prisoner challenging his or her civil commitment detention under the Adam Walsh Act (Act) as a “sexually dangerous person” may not resort to habeas corpus for such challenges, the U.S. Court of Appeals for the Fourth Circuit held on December 6, 2010. Following remand and another appeal, all ...
Filed under:
Sex Offenders (Discrimination),
Sentencing,
Habeas Corpus,
Civil Commitment,
Federal Legislation.
Location:
North Carolina.
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Prison Slave Labor Replaces Freeworld Workers in Down Economy, by David Reutter
- Report Deconstructs Urban Legend of 100,000 Missing Sex Offenders, by David Reutter
- Work Crews Salvage Georgia Prison Contract, by David Reutter
- From the Editor, by Paul Wright
- Eighth Circuit Affirms No First Amendment Right to Lower Prison Phone Rates, by Matthew Clarke
- PLN Public Records Suit Reveals Litigation Payouts for District of Columbia DOC, by Alex Friedmann
- Prisons: An Unsustainable Jobs Program
- Ninth Circuit Holds Phoenix New Times Executives May Sue Special Prosecutor over Improper Arrests; Prosecutor Disbarred, by Matthew Clarke
- Research Finds Capital Punishment System in California is Costly, Ineffectual
- New York Not Liable for DOCS’ Unauthorized Addition of Post-Release Supervision
- California Pilot Program Reduces Recidivism
- Georgia Court Rules Prisoners Held in County Facilities Barred from Suing State for Negligence
- Private Prison Health-care Industry Grows as States Cut Costs, Bringing in Millions of Dollars, by Yana Kunichoff
- Ninth Circuit Holds Hawaii Prison Officials Entitled to Qualified Immunity when Calculating Release Dates in Accordance with State Law
- Seventh Circuit Upholds Indiana DOC’s Ban on Pen-Pal Ads, by David Reutter
- Dramatic Increase in Number of Hispanics Sentenced to Federal Prison, by Matthew Clarke
- $3,750 Posthumous Settlement in California Prisoner’s Medical Suit
- Louisiana Sheriff Pleads Guilty to Corruption Charges
- Pennsylvania Businessman Sentenced to 18 Months in “Kids for Cash” Kickback Scandal
- Ninth Circuit Holds New Claims Need Only be Exhausted Prior to Filing Amended Complaint
- Florida Lawmakers Disband Correctional Medical Authority
- Pennsylvania Prisoner’s $185,000 Jury Award Reduced to $75,005, by Matthew Clarke
- New Director of Tennessee Corrections Institute Faces Conflict of Interest
- Florida Citizen Fights CCA over Public Records Request
- California: Federal Court Grants Increased Attorney Fee Rates in Armstrong Disability Case
- Ohio Prison Industry Cuts Over 35% of Workforce
- Washington State Corrections Secretary Resigns Due to Affair with Subordinate, by Matthew Clarke
- Ninth Circuit Rules Sheriff May be Held Liable for Violence in Los Angeles County Jails
- Tennessee Discontinues Polygraph Tests as Sex Offender Supervision Tool
- Juvenile Facility Guard’s Bigamous Marriage Complicates Death Benefits
- Arizona Privatizes Health Care in State Prison System
- California Appeals Court Holds Release from Prison Moots Challenge to Parole Denial
- New York Prison System Allows Same-Sex Partners to Participate in Family Reunion Program
- Seattle Federal Halfway House Case Manager’s Reentry Plan for Prisoner Allegedly Included Sex, Heroin, by Derek Gilna
- Arizona DOC Makes Visitors Pay for Prison Maintenance, Repairs, by Joe Watson
- Federal Bureau of Prisons Says DNA Backlog No Longer Exists, by Derek Gilna
- UNICOR Fraudsters Plead Guilty, Sentenced
- New Washington State Law Eliminates Tolling of Community Custody upon Violation
- Reports on Privatizing Ohio Prisons Indicate Savings are Illusory, by David Reutter
- Failure to Refute Expert Testimony Warrants Summary Judgment Against California Prisoner Suing for Medical Malpractice
- The Criminalization of Mental Illness in Missouri, by Christopher Cross
- Alabama Uses Federal Stimulus Money to Prop up Prison System
- Class Certified in Lawsuit Challenging Conditions at CCA-operated Indiana Jail, but Case Dismissed on Summary Judgment, by David Reutter
- Civil Commitment Must be Challenged through Commitment Proceedings Instead of Habeas Corpus, by Brandon Sample
- New Mexico Judge Arrested for Raping Prostitute
- Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges, by Mark Wilson
- Seven Argentine Military Officials Sentenced for Crimes against Prisoners
- News in Brief
More from Brandon Sample:
- Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?, April 12, 2019
- Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, April 19, 2018
- U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference, Dec. 19, 2017
- Maryland Ban on Prisoner's Book Rescinded, Aug. 23, 2016
- Former BOP Guard Convicted In Murder-For-Hire Scheme, Aug. 22, 2016
- Second BOP Guard Convicted In Assault-For-Hire, Aug. 22, 2016
- BOP Dentist Gets Slap On The Wrist for Sex Abuse, Aug. 22, 2016
- No More Than 20 Percent Can Be Deducted To Pay Filing Fees, April 15, 2013
- Eighth Circuit Vacates Special Condition of Supervised Release on Possessing Materials Depicting Nudity, April 15, 2013
- Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation, April 15, 2013
More from these topics:
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024. Habeas Corpus, Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Summary Disposition, Cause and Prejudice, Proving Cause.
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, July 15, 2024. Habeas Corpus, Appeals/Appellate Jurisdiction.
- Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal, July 15, 2024. Habeas Corpus.
- Idaho Continues To Cell “Dangerously Mentally Ill” Without Charges, June 1, 2024. Conditions of Confinement, Totality of Conditions, Lockdowns, Control Units/SHU/Solitary Confinement, Civil Commitment.
- Seventh Circuit: Heck Bars Civil Rights Challenges to Civil Commitment, June 1, 2024. Civil Commitment, Civil Commitment - Relief from, Heck Rule.
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell, May 15, 2024. Habeas Corpus, AEDPA.
- The Death of the Savings Clause, May 15, 2024. Habeas Corpus, AEDPA.
- California Law Extends Involuntary Commitment and Detention to Substance Abusers, May 1, 2024. Drug Treatment/Rehab, Involuntary Treatment/Drugging, Civil Commitment.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- $8.5 Million Settlement After Pretrial Detainee Suffocated by Guards and Medical Staff at Virginia Psychiatric Hospital, April 1, 2024. Guard Misconduct, Medical Misconduct, Excessive Force (Wrongful Death), Civil Commitment.