United States Eighth Circuit

In an action brought by an individual committed as a sexual psychopathic personality and sexually dangerous person, summary judgment for defendants, agency officials and employees, is affirmed where: 1) a due process claim as to the imposition of isolation failed because the procedures at issue were constitutionally adequate; 2) plaintiff did not show that treatment of his health conditions infringed his constitutional rights, that he was retaliated against for exercise of his first amendment rights, or that his right to counsel was infringed; 3) defendants would also be entitled to qualified immunity; and 4) a negligence claim was properly dismissed. A claim that imposition of costs of treatment violated due process is dismissed without prejudice.

Appellate Information

• Decided 09/11/2006
• Published 09/11/2006

Judges

• MURPHY, Circuit Judge., Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jordan S. Kushner, argued, Minneapolis, Minnesota, for appellant.


• For Appellees:
  
• W. Karl Hansen, AAG, argued, St. Paul, Minnesota, for appellee.