Federal court hears appeal of Minnesota sex offender ruling
Business Law
The lengthy legal debate over a Minnesota program that keeps sex offenders confined indefinitely after they complete their prison sentences shifted south Tuesday as state officials urged a federal appeals court nearly 500 miles away to overturn a judge's ruling that the program is unconstitutional.
Solicitor General Alan Gilbert told a three-judge panel of the 8th U.S. Circuit Court of Appeals in St. Louis that District Judge Donovan Frank "lost his neutrality" when he made critical comments before ruling last summer. Even before his ruling, the judge called the program "draconian" and said it is "clearly broken" and needs to be reformed.
"He has prejudged the program," said Gilbert, who asked the jurists to reverse the lower court ruling and appoint a new judge to consider the suit by 14 plaintiffs on behalf of the more than 700 civilly committed offenders. The panel did not immediately issue a decision after hearing 20-minute presentations by both sides.
Only a handful of offenders have been provisionally released to community-based settings in the Minnesota Sex Offender Program's 20-plus-year history, which is why the plaintiffs in the class-action lawsuit say it's tantamount to a life sentence.
While civilly committed offenders in California, Wisconsin, New Jersey and other states are allowed to re-enter society after completing treatment, no one has been fully discharged from Minnesota's program.
Related listings
-
Court overturns tobacco company victory over FDA on menthols
Business Law 01/19/2016A federal appeals court has ruled that tobacco companies had no basis to challenge a Food and Drug Administration report on menthol cigarettes, which the industry alleged was written by experts with conflicts of interest. The decision by a three-judg...
-
ACLU to appeal court ruling in Missouri drug testing case
Business Law 12/25/2015The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs. Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Je...
-
Mississippi Supreme Court narrowly grants same-sex divorce
Business Law 11/06/2015The Mississippi Supreme Court voted to allow a lesbian couple to seek a divorce, even as two justices questioned the U.S. Supreme Court ruling legalizing same-sex marriage and suggested that landmark ruling has no constitutional basis. The dec...
New York Commercial Litigation Law Firm - Woods Lonergan PLLC
Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.