Hughes v. Dimas

Federal 7th Circuit Court
Civil Court
Section 1983 Action
Citation
Case Number: 
No. 16-1818
Decision Date: 
September 19, 2016
Federal District: 
C.D. Ill.
Holding: 
Reversed and remanded

Dist. Ct. erred in dismissing plaintiff-civilly committed sex offender’s section 1983 action alleging that state curtailed his liberty by employing staff at its Treatment and Detention facility, who are unable to provide him with appropriate care and treatment that would allow him to be eventually released. While Dist. Ct. held perception that plaintiff’s case was without merit because U.S. Constitution cannot compel defendants to comply with state statutes, plaintiff had 14th Amendment right to receive treatment for his disorder that led to his civil confinement and to be released when he had improved enough so that he was no longer dangerous. In instant case, dismissal was premature, since record failed to contain evidence that would resolve whether Treatment and Detention facility was providing plaintiff with required licensed professionals who alone have authority to make determination regarding plaintiff’s right to be released.