Donhauser v. Goord.U.S. District Court SELF-INCRIMINATION SEX OFFENDER sex offender n. generic term for all persons convicted of crimes involving sex, including rape, molestation, sexual harassment and pornography production or distribution. Donhauser v. Goord, 314 F.Supp.2d 119 (N.D.N.Y. 2004). A state inmate brought a pro se [section] 1983 action alleging violations of his privilege against self-incrimination The privilege against self-incrimination forbids the government from compelling any person to give testimonial evidence that would likely incriminate him or her during a subsequent criminal case. , due process, equal protection, and privacy rights. The district court held that requiring the inmate, as part of a sexual offender counseling program, to divulge his history of sexual conduct violates the inmate's Fifth Amendment privilege against self-incrimination because the inmate faced a loss of good time credit if he refused to divulge his history. The court found that officials were entitled to qualified immunity Qualified immunity is a doctrine in United States law providing immunity from suit to government officials performing discretionary functions when their action did not violate clearly established law. Qualified immunity was created by the U.S. from monetary damages on the inmate's Fifth Amendment claim because the standard defining the inmate's right to be free from compelled self-incrimination was not clearly established at the time. (Oneida Correctional Facility, New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of ) |
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