· 4/30/1986
United States v. Howard Perry, Glen Hagen, James Geran, Kevin Dorr. United States of America v. Howard Perry and Gary Moore
Citations
- 788 F.2d 100
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Seventh Amendment guarantee of jury trial in civil cases did not apply because “a proceeding leading to civil preventive detention, whatever else it is, plainly is not a suit at common law”
- explaining that under 18 U.S.C. § 3142 the district court must make a \dangerousness determination\ involving \a prediction of the detainee's likely future behavior\
- \[A] demonstration of dangerousness justifies deprivation of liberty by civil commitment without offending the substantive due process limitation upon government.\
- “Congress ... cannot sanction for the general welfare.... Congress may concern itself with the ‘safety of the community’ only to the extent that other specific grants of power so permit.”
- 18 U.S.C. § 3142(f), which “explicitly permits use of evidence [in pre-trial detention hearings] that would not be permissible in a criminal trial”
- “[A] demonstration of dangerousness justifies deprivation of liberty by civil commitment without offending the substantive due process of limitation upon government.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibbons, Higginbotham, Becker
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.