Whether compelled self-incrimination through the use of polygraph examinations as a requirement of parole violates parolees' Fifth and Fourteenth Amendment rights

QUESTIONS PRESENTED 1. This Court has never upheld the findings in United States v. Von Behren, 822 F.3d 1139 (10" Cir. 2016), in which the Court of Appeals held that compelled self-incrimination through the use of polygraph examinations as a requirement of parole, even in a therapeutic setting, was violative of parolees' Fifth and Fourteenth Amendment rights. South Dakota, along with virtually all other jurisdictions, mandates the frequent use of polygraph examinations for all sex offenders under threat of incarceration and revocation of parole. Will this Court allow this systemic violation of parolees’ rights to stand? 2. Did the District Court err in refusing to address the merits of a “colorable claim of a constitutional violation” based on procedural error when petitioner did not have meaningful access to legal materials and the entity maintaining his custody is responsible for both the constitutional violation and the lack of access to legal remedies? 1