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In a recent news story. It was indicated that there is a high amount of felonies going on at the MS0P , and that the inmates that are causing these are being At the facility after they have been convicted of a new felony
http://kstp.com/article/stories/S2937262.shtml?cat=89
Well last night I posted this on SOSEN And thought it would be worthwhile to post it here also
It's 1:30 in the morning here in Nebraska, and something just hit me. So I trudged up here to my trusty computer to go back to the original story to post something. And naturally the only way I can do, it is on Facebook. What are they afraid of. I wish I could get on to Facebook and post this
 
This is supposed to be a treatment facility and the inmates here are supposed to be receiving constitutional ly guaranteed treatment According to the US Supreme court in Vitck vs Jones 100 S.Ct  125, 'While a conviction and sentence extinguish an individual's right to freedom from confinement for the term of the sentence, they do not authorize the state to classify him as mentally ill and subject him to involuntary psychiatric treatment without affording additional due process protections'.  And in Ohlinger vs Watson 652 F2d 775, The court found that people "have a constitutional right to such individual treatment as will give each of them a realistic opportunity to be cured or to improve his mental condition" and "rehabilitative rational is not only desirable, but it is constitutional ly required" plus "adequate and effective treatment is constitutional ly required"

It would appear that the clients/inmates of this facility have been subjected to some type of treatment program that has made them more violent because This same group of people did not have this problem while they were doing their prison time. So there must be something drastically wrong with the The staff and treatment program.


 According to the US Supreme court in Vitck vs Jones 100 S.Ct  125, 'While a conviction and sentence extinguish an individual's right to freedom from confinement for the term of the sentence, they do not authorize the state to classify him as mentally ill and subject him to involuntary psychiatric treatment without affording additional due process protections'.

in Ohlinger vs Watson 652 F2d 775, it was brought out that people "have a constitutional right to such individual treatment as will give each of them a realistic opportunity to be cured or to improve his mental condition" and "rehabilitative rational is not only desirable, but it is constitutional ly required" plus "adequate and effective treatment is constitutional ly required".

in Boyd v. United States, 6 S. Ct.  524, 532, as protection against all governmental invasions "of the sanctity of a man's home and the privacies of life."  And in Stanley v. Georgia, 89 S. Ct.  1243, 1248 " Our whole constitutional heritage rebels at the thought of giving government power to control men's minds".

42 USCA § 1996 civil rights for institutionali zed persons 42 USCA § 1985 conspiracy to interfere with civil rights State v. Johansen 125 Or App 365 commitemnt procedures due prosses

People v. Feagkey 535 P2d 373 Good Case for mental ill sex offender and level of proof required to prove guilt of DSO This is the California Supreme Court case

''State v. Woolridge 790 p2d 1192 /2/3/ Conclusions Based on Conjecture as to whether person pose danger to others are insufficient to justify involantary confinement. Issue of dangereness must be determined at time of hearing.
State v. Nance 735 P2d 1271 Conclusions based on conjecture about dangereness are insufficient.

/Mater of Lucas 571 P2d571 Determinatoin whether a person is dangerous beyond a reasoable doubt must focas on his or her condition aj. time of the. . . hearing

 State v. Daulton 566 P2d 555 State v. Alexander 554 P2d 524 State v. G 552 P2d5 7 4
^KNECHT V. GILLMAN 488 F2d 1136 any "" aversive stimali" constitutes cruel and unisial punishment unless written consent has been obtained from inmate Specifying nature of Treatment purpose risk and effects and advising inmate of his right to terminate consent" "Behavior modification by aversive stimali is "highly questionable technique" and that only a 20%to 50% success is claimed That its use is really punishment worse than a controlled beatings.

GREEN V. BARON 662 F Supp 1378 When a mental patient is intentionally subjected to harsh coneitions in order to deter him from maintaining a course of conduct the fact that it is done in the name of Psychiatric treatment dose not keep it from being intentional punishment.

CANTERINO V. WILSON 546 F Supp 174 Person conicted of crimes deserve to be punished but this dose not give the state license to make prisoners objects of unguided behavior control experiments

In Griswald v. Connecticut 85 S. Ct.  1681, the court stated "Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendments one we have seen.... The fourth Amendment explicitly affirms the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures."

 The Fifth Amendment in its self-incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment.  The Ninth Amendment provides: the Enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people".  The 4th and 5th Amendments were described

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Will: Here is an efficient summary of my claims, minus the class certification aspect.

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I don't know what your suit is implying But if it is lack of proper treatment, take a look at The link below also I have some statistical information for you if you're interested

My lawsuit vs the MSOP has been filed! Stay tuned for details about Evenstad v Herberg et al!

Chief Magistrate Honorable Judge Arthur J. Boylan and Honorable Senior Judge Richard H. Kyle assigned today in Evenstad v HERBERG et al

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New article on MPR about MN moving the Mentally Ill from the MSH

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