U.S. District Court: SELF INCRIMINATION PROGRAMS.
Searcy v. Simmons 97 F.Supp.2d 1055 (D.Kan. 2000). An inmate brought a [sections] 1983 action against prison officials challenging reduction of his privileges following his refusal to participate in a sexual abuse treatment program. The district court granted summary judgment for the defendants. The court held that the inmate's refusal to reveal potentially incriminating information about his sexual history did not violate his right against self incrimination and that penile plethysmograph and polygraph examinations did not violate his substantive due process rights. The court noted that the program was voluntary and program requirements were reasonably related to valid penological interests in rehabilitating sex offenders. The court also found that the inmate was not deprived of procedural due process when prison officials removed his personal property after he was denied privileges and shipped it to his relatives without a pre-deprivation hearing, where the inmate was provided with the opportunity to specify where to send the property but refused to do so. (Hutchinson Correctional Facility, Kansas)
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|Publication:||Corrections Caselaw Quarterly|
|Article Type:||Brief Article|
|Date:||Aug 1, 2000|
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