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· 9/7/2023

State ex rel. McCarley v. Ohio Dept. of Rehab. & Corr.

Citations

  • 2023 Ohio 3175

Syllabus

Objections to magistrate's decision overruled and petition for writ of mandamus denied. Relator's complaint did not establish that Respondent, Ohio Department of Rehabilitation and Correction, had a clear legal duty to vacate decision of institutional rules infraction board and could not establish a clear legal right to such relief.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that \protecting the health and safety of clinic patients is a compelling state interest justifying restrictions on the demonstrations\
  • holding that, although imprisonment is generally thought to be the paradigmatic form of punishment, pretrial detention to protect the public is not regarded as punitive
  • holding that in a facial challenge plaintiffs must show that \no set of circumstances exists\ under which the statute can be implemented constitutionally
  • holding that preventative detention under Bail Reform Act, justified by the need to prevent “danger to the community,” was regulatory and preventative, rather than punitive
  • holding that pretrial detention under the Bail Reform Act of 1984 did not violate the due process clause
  • holding that, to be successful, facial challenge must establish “that no set of circumstances exists under which the Act would be valid”

Source: CourtListener parenthetical corpus (CC0).

Judges: Beatty Blunt

Read full opinion on CourtListener

Sourced 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.