No. 21-6965

Lawtis Donald Rhoden v. Brandon Price, Executive Director of Coalinga State Hospital

Lower Court: Ninth Circuit
Docketed: 2022-01-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-commitment civil-rights dangerousness due-process fourteenth-amendment involuntary-commitment mental-disorder mental-health sexually-violent-predator state-hospitals unconditional-discharge
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether the current version of the California SVP law violates the due process clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether The Current Version of the California SVP Law Violates the Due Process Clause under the Fourteenth Amendment because it does not offer a Method by which a SVP can Seek Unconditional Discharge from his Commitment Without the Approval of the Department of State Hospitals I. Whether Under the Fourteenth Amendment and Kansas v. Hendricks, 521 U.S. 346 (1997), California can Lawfully Hold a Person in Involuntary Civil Confinement under the SVPA Indefinitely Without a Due Process Hearing Where Such Person has Evidence that he does not have a Current Mental Disorder and is no Longer Dangerous and has Petitioned the Court for a Hearing to Prove his Lack of a Mental Disorder and Dangerousness

Docket Entries

2022-03-21
Petition DENIED.
2022-02-24
DISTRIBUTED for Conference of 3/18/2022.
2022-02-16
Waiver of right of respondent Brandon Price to respond filed.
2021-12-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2022)

Attorneys

Brandon Price
Vincent Paul LaPietra — Respondent
Vincent Paul LaPietra — Respondent
Lawtis Donald Rhoden
Lawtis Donald Rhoden — Petitioner
Lawtis Donald Rhoden — Petitioner