No. 18-9012

Marc Anthony Lowell Endsley, aka Marc Endsley v. Edmund G. Brown, et al.

Lower Court: Ninth Circuit
Docketed: 2019-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-detention civil-rights due-process freedom-of-association fundamental-rights informed-consent privacy professional-judgment reproductive-choice youngberg-v-romeo
Key Terms:
SocialSecurity DueProcess FirstAmendment Privacy JusticiabilityDoctri
Latest Conference: 2019-06-20
Question Presented (AI Summary)

Do civilly detained persons retain their fundamental rights to engage in voluntary sexual relations

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ae Do civilly detained persons retain their fundamental rights to engage in voluntary sexual relations -i.e., privacy, freedom of association, reproductive choice, and informed consent to medical treatment; and . : (a) can the "exercise of professional judgment" contemplated in Youngberg v. Romeo, . 457 U.S. 307 (1982) be used to deny such fundamental rights where there is no danger of violence; , (b) _ are said detainees entitled to a hearing to determine if professional judgment was ~ in fact exercised; : ; : (c) can said detainees refuse such professional judgment as part of their right to informed consent to medical treatment; and : (d) can said detainees be subjected to punishment or "deterrence" for engaging in voluntary sexual relations? 2. Are civilly detained insanity acquittees similarly situated to those civilly detained as incompetent and/or gravely disabled for purposes of their fundamental rights to privacy, : freedom of association, reproductive choice, and informed consent to medical treatment, and does the State need to show a legitimate and neutral, compelling governmental . interest where disparity in such fundamental rights exist? 3. Are civilly detained persons entitled to proper Due Process procedures and pre. : deprivation Due Process procedures prior to denial of their rights or privileges? 4. Can civilly detained persons be denied treatment for engaging is voluntary sexual ; relations? . 5. Are civilly detained persons entitled to an opportunity to amend a complaint prior to a ruling on a motion to dismiss?

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-10
Waiver of right of respondents Edmund G. Brown, et al. to respond filed.
2019-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2019)

Attorneys

Edmund G. Brown, et al.
Dane C. BarcaCalifornia Office of the Attorney General, Respondent
Marc A. L. Endsley
Marc Anthony Lowell Endsley — Petitioner