United States Second Circuit

Denial of defendants' motion for summary judgment was proper in suit involving executive branch attempts to civilly commit sexually violent predators to state psychiatric facilities after the expiration of their criminal sentences, where: 1) there is sufficient evidence which, when viewed in the light most favorable to the plaintiffs, supports their claim that they were denied their right to procedural due process before being civilly committed; and 2) a reasonable official in the defendants' position would have known that the process by which the plaintiffs were committed did not satisfy basic constitutional requirements and that the defendants are therefore not entitled to qualified immunity.

Appellate Information

• Decided 02/14/2013
• Published 02/14/2013

Judges

• SACK

Court

• United States Second Circuit

Counsel