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Jones v. Blanas.


U.S. Appeals Court

CONDITIONS

PUNISHMENT

CIVIL COMMITMENT

Jones v. Blanas, 393 F.3d 918 (9th Cir. 2004). A jail detainee brought a civil rights against a sheriff and county for violations of his constitutional rights during the period he was civilly confined awaiting adjudication The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case.  and eventual commitment under the California Sexually Violent Predator Some U.S. states have laws which give a special status for criminals designated as sexually violent predators, which allows these offenders to be held in state run in-custody mental institutions after their sentence is complete if they are considered to be a risk to the public.  Act (SVPA SVPA Shore Vinson Parkhill ANDVT ). The district court entered summary judgment in favor of the defendants and the detainee appealed. The appeals court affirmed in part, reversed in part, and remanded with instructions. The court held that fact issues as to whether the restrictive conditions of confinement were justified by legitimate, non-punitive interests and were not excessive, precluding summary judgment on the detainee's conditions of confinement claim. The court held that the year-long confinement of the civil detainee who was held in the general criminal population of a county jail pending commitment proceedings, created a rebuttable assumption that the confinement was punitive in violation of the detainee's substantive due process The substantive limitations placed on the content or subject matter of state and federal laws by the Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution.  rights. (Sacramento County Jail The Sacramento County Jail is the county jail for the Sacramento County area serviced by the Sacramento County Sheriff's Department. It is located on 651 I Street, approximately 100 meters from the Downtown Plaza. , California)
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Title Annotation:PRETRIAL DETENTION
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U9CA
Date:Feb 1, 2005
Words:166
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