DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
173093P.pdf 09/11/2019 John Van Orden v. Mark Stringer
U.S. Court of Appeals Case No: 17-3093
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Beam and Grasz, Circuit Judges]
Civil case - Missouri Sexually Violent Predator Act. In action by persons
committed under the provisions of the Act - Mo. Rev. Stat. Sections
632.480-632.525 - contending the statute was unconstitutional as applied,
the residents in the program did not have a substantive due process right
to have the state officials change the way they conduct annual reviews of
the civilly-committed persons, design procedures for release of low-risk
residents to less restrictive housing or carry out a statutory duty to
authorize petitions for release of low risk residents; the entitlement to
any of these actions is not deeply rooted in the Nation's history and
traditions or implicit in the concept of ordered liberty; the residents
have the ability under the Act to petition a state court for release, and
the state court has final authority to determine and apply the correct
legal standard for continued detention; alternatively, applying this
court's decision in Karsjens v. Piper, 845 F.3d 394 (8th Cir. 2017), the
shortcomings in the Missouri system do not shock the judicial conscience;
the district court did not err in determining plaintiffs had abandoned
their state-law claims.