Karsjens v. Jesson’s Empirical Analysis

Citation profile

1 federal appellate · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendants do not conduct periodic, independent risk assessments or otherwise evaluate, whether an individual continues to meet the initial commitment criteria or the discharge criteria if an individual does not file a petition; (2) those risk assessments that have been performed have not all been performed in a constitutional manner; (3) individuals have remained, confined at the MSOP even though they have.completed treatment or. sufficiently reduced their risk; (4) discharge procedures are not working properly at the MSOP; .(5)- although section 253D [of the Minnesota statute] expressly allows the referral of committed individuals to less restrictive alternatives, this is not occurring in practice •because there are insufficient less restrictive alternatives available, for transfer and. no less restrictive alternatives available for.initial commitment; .and (6) although treatment has been made available, .the treatment program’s structure has been, an institutional failure and there is no meaningful relationship between the treatment program and an end to indefinite detention.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Van Orden v. Stringer

2. “[T]he Court conducted a lengthy trial over six weeks to determine whether it should declare that the Minnesota statutes governing civil commitment and treatment of sex offenders are unconstitutional as written and as applied. The Court concludes that Minnesota’s civil commitment statutes and sex offender program do not pass constitutional scrutiny. The overwhelming evidence at trial established that Minnesota’s civil commitment scheme is a punitive system that segregates and indefinitely detains a class of potentially dangerous individuals without the safeguards of the criminal justice system.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 175 F. Supp. 3d 1081 - Willis v. Palmer