Gilbert v. McCullough

Dist. Ct. did not err in denying defendant’s habeas petition challenging his civil commitment as sexually violent person, where said commitment order occurred in 2008, and where defendant was not transferred to civil commitment facility until 2.5 years later when defendant completed his term of incarceration on parole violation. Defendant failed to establish any violation of federal constitutional law/due process arising out of his current civil commitment since: (1) defendant did not contest 2008 commitment order; (2) defendant did not establish that he no longer had mental disorder at time of 2010 transfer; and (3) Wisconsin has procedure for defendant to obtain his release by establishing that he no longer has relevant mental disorder that made it likely that he would engage in sexual violence.