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Federal Court Limits New York’s Civil Commitment Statute, but Injunction Vacated on Appeal
Loaded on May 15, 2013
by Derek Gilna
published in Prison Legal News
May, 2013, page 46
A decision by the U.S. District Court for the Southern District of New York severely restricted portions of New York’s Sex Offender Management and Treatment Act (SOMTA). A lawsuit filed by Mental Hygiene Legal Service (MHLS) had sought an injunction against enforcement of various provisions of the Act, which provides ...
Filed under:
Sex Offenders (Discrimination),
Standing,
Civil Commitment,
News,
State Legislation.
Location:
New York.
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More from this issue:
- Arkansas Sheriff Took Kickbacks for Card Fees, Class-Action Suit Says, by Erik De La Garza
- Prison Visitation: A Fifty State Survey, by Chesa Boudin
- Maine Prisoner’s Contraband Conviction Vacated
- Pennsylvania: No Prison Time for Guards Convicted of Abusing Prisoners, by Christopher Zoukis
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- Mandatory Lifetime Monitoring a Direct Consequence of Sex Offense Plea Bargain in Michigan
- Governmental Highway Robbery: Asset Forfeiture and the Pillaging of the American People, by John W. Whitehead
- $17.75 Million Settlement for Victims of Pennsylvania “Kids for Cash” Scandal, by David Reutter
- Virginia Prisoner Pardoned After Accuser Admits She Lied
- Ex-Felons are About to Get Health Coverage, by Michael Ollove
- CCA Admits to Falsified Staffing Records, Violating Contract with Idaho DOC
- Utah: Private Company Offers to Pick Up Prison Tab, by Eric S. Peterson
- Iowa Sex Offender Special Sentence Provisions Interpreted: Time-Served Credit, but Not Earned-Time, Reduces Revocation Term
- California: Parole Placement of Serial Killer’s Accomplice in Remote County Upheld
- North Carolina County Conned into Building $100 Million Jail
- Seventh Circuit Vacates Summary Judgment for Nutriloaf Diet
- Eighth Circuit Overturns Jury’s $850,000 Verdict for Nebraska Detainee’s Suicide
- Oklahoma Parole Board Members Charged with Violating Open Meeting Act, by Christopher Zoukis
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- No Room for 900 New Washington Prison “Rugs”
- Faulty Background Checks Blamed on Digitized Records, Greedy Amateurs, by Joe Watson
- Prison Health Care Provider under Fire in Illinois, by Christopher Zoukis
- Lawsuits Filed Over Unrelated Deaths of Two Oregon Prisoners
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- New York: $225,000 Settlement for Prisoner’s Suicide Attempt, Abuse at Rikers Island
- California District Attorney Sued by Former Colleague
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- Kentucky DOC May Not Alter Presentencing Custody Credits
- Oregon Parole Board’s Notice-of-Rights Form Violates APA
- New York Creates “All Crimes DNA Database”
- Federal Court Limits New York’s Civil Commitment Statute, but Injunction Vacated on Appeal, by Derek Gilna
- $695,000 Settlement in Discrimination Suit by Deaf Colorado Detainees
- California State Bar Recommends District Attorney’s Disbarment, by Christopher Zoukis
- New York Sex Offender Registration Determination is Exception to Article 78 Review
- Sixth Circuit: Disciplinary Conviction Does Not Bar Excessive Force Claim, by Christopher Zoukis
- California: Nine Detainees Charged in Jailhouse Killing; Five Sentenced to Life Terms
- Oregon: Only Voluntary Surrender Avoids Fugitive Dismissal Rule
- Oregon Jail Guard Gets Three Years for Sex with Prisoner
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- News in Brief
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
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- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
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- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
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- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
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- Oregon Prisoner’s Parole Deferral Based on “Dangerous Offender” Statute Reversed, April 1, 2024. Civil Commitment, Release Decisions.
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, March 15, 2024. Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches.
- Escape from Oregon State Hospital Results in Changes to Detainee Transports, March 1, 2024. Escapes, Civil Commitment, Competency, Competence of Defendant.
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- West Virginia Pretrial Detainee’s Lawsuit for Sexual Abuse Survives Dismissal Stage, Jan. 1, 2024. Prisoner-Prisoner Assault, Sex Offenders (Discrimination), Failure to Protect (General).
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