Peshek v. Johnson

Federal 7th Circuit Court
Civil Court
Federal Jurisdiction
Citation
Case Number: 
No. 23-2303
Decision Date: 
August 5, 2024
Federal District: 
E.D. Wis.
Holding: 
Affirmed.
Judge: 
SCUDDER

Plaintiff filed a federal lawsuit alleging violations under the Fourteenth Amendment after the State found that he was eligible for supervised release after being civilly committed as a sexual violent person, but failed to find him suitable housing so that he could actually be released. The district court abstained from exercising jurisdiction to avoid interfering with ongoing state court proceedings intended to identify a suitable housing arrangement. The Seventh Circuit affirmed, but on different grounds, finding that the federal court lacked jurisdiction because the defendant, the Secretary of the Department of Health Services, could not provide plaintiff with the relief he sought. (SYKES and BRENNAN, concurring)