· 8/18/2006
Herbert J. Varner v. Tom Monohan, Director, Illinois Department of Human Services
Citations
- 460 F.3d 861
- 2006 U.S. App. LEXIS 21158
- 2006 WL 2382456
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that commitment of people convicted of sex offenses implicates “neither fundamental rights nor suspect classes”
- holding that a finding that respondent has serious difficulty controlling behavior is implicit in jury's finding that it was \'substantially probable'\ that respondent would engage in future sexually violent acts
- commenting that 16 Crane did not disturb the Supreme Court’s holding that persons with mental defects and 17 dangerous proclivities may constitutionally be civilly committed
- suggesting that the Hendricks/Crane serious-difficulty standard is not a “‘clearly established’ rule that the state judiciary could transgress.”
- conclusion that defendant had serious difficulty in controlling behavior implicit in jury’s finding that it was “substantially probable” that defendant would engage in future acts of sexual violence
- “Where ... a person’s difficulty in controlling his behavior must fall remains open to decision one case at a time, and this implies the absence of a ‘clearly established’ rule that the state judiciary could transgress.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Easterbrook, Ripple, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.