RULING from the United States Court of Appeals for the Fifth Circuit

This case concerns a sexually violent predator (“SVP”) who alleges
that he was unlawfully searched and subsequently detained because he was
in an unauthorized relationship with his supervisor and chaperone. There are
numerous claims here—both personal and official capacity claims—which
we analyze separately. We reverse and remand, however, because of
procedural errors in the district court’s order, and we direct the district court
to consider the merits of all remaining claims, including any properly raised
defenses based on qualified immunity.

Read the entire ruling by clicking the link below:

https://www.ca5.uscourts.gov/opinions/unpub/19/19-50411.0.pdf

6 thoughts on “RULING from the United States Court of Appeals for the Fifth Circuit

  1. Thanks for these messages you send out. We monitor them closely, and share as appropriate. Janet Mackie is copied here. Janet is on the CURE-SORT board and a leader in our national CURE Civil Commitment advocacy.

    Janet would like to contact you via phone. Unfortunately, I cannot recall your name (age is my excuse). If okay with you, will you email Janet and me with some contact information. Thanks

    Eldon Dillingham CURE National Civil Commitment Coordinator Wamego, Kansas 785 458-9546

    On Wed, May 26, 2021, 11:02 AM LOST IN LITTLEFIELD wrote:

    > moosejaw72 posted: ” This case concerns a sexually violent predator > (“SVP”) who allegesthat he was unlawfully searched and subsequently > detained because he wasin an unauthorized relationship with his supervisor > and chaperone. There arenumerous claims here—both personal and o” >

    Like

    1. Hello Mr. Dillingham,
      I just wanted to let you know I haven’t forgotten your message. I’m available all weekend. I’ll try to call or text tomorrow or Sunday.
      Murphy

      Like

    1. Dear MS,
      We don’t really know what this means in terms of Hitt being released or how it might help the other men of TCCO. I say that because the fifth circuit court did reverse the following appeals: unreasonable search and seizure (personal capacity); unreasonable seizure and procedural due process; substantive due process (personal and official); and, unreasonable search and seizure (official capacity). However, it remanded the case back to the district court without an opinion on the merits of the claims by Hitt. Ultimately, the district court will decide the merits again based on the Fifth Circuit Court’s recommendations. We do hope that this provides leverage for the men that were living free and attending outpatient counseling. We hope and pray the court sees the merits of the appeal and hold TCCO accountable for the injustices they have served to so many men at TCCC. Thanks for your concern, and I hope this helps clarify some of your questions.
      Thank you.

      Like

  2. Yes, this helps me understand a bit more. TCCO had way too much power over these men’s lives. Thank you for your courage to stand up to the injustices of civil commitment.

    Like

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