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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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