Cited by
Opinions in Minnesota that cite In Re Linehan, 594 N.W.2d 867.
- In the Matter of the Civil Commitment of: Alexander Martinelli Minn. Ct. App. 2026
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In the Matter of the Civil Commitment of: Peter Lonergan
Minn. Ct. App. 2026
at 70 (first and then citing Blodgett, ).
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Minnesota Duty Disabled Association (MNDDA), a Minnesota nonprofit corporation v. State of Minnesota Public Employees Retirement Association (PERA)
Minn. Ct. App. 2026
The doctrine of substantive due process “protects individuals from certain arbitrary, wrongful government actions regardless of the fairness of the procedures used to implement them.” (quotations omitted).
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In the Matter of the Civil Commitment of: Tyler James Michael Tillman
Minn. Ct. App. 2026
The person’s mental disorder must make it “difficult, if not impossible, for the person to control his dangerous behavior.” In re Linehan (Linehan IV), d 867, 875 (Minn. 1999) (emphasis omitted) (quotation omitted).
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In the Matter of the Civil Commitment of: Hollis Larson
Minn. Ct. App. 2026
See, -78 (Minn. 1999) (affirming Linehan’s commitment as a sexually dangerous person based in part on a diagnosis of antisocial personality disorder).
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In the Matter of the Civil Commitment of: Luis Antonio Serna
Minn. Ct. App. 2026
15, 2019); (upholding commitment as SDP when offender was 6 diagnosed with “ antisocial personality disorder”).
- In the Matter of the Civil Commitment of: Lisa Jo Breitkreutz Minn. Ct. App. 2026
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In the Matter of the Civil Commitment of: Lisa Jo Breitkreutz
Minn. Ct. App. 2026
“[S]ubstantive due process protects individuals from certain arbitrary, wrongful government actions regardless of the fairness of the procedures used to implement them.” (quotations omitted).
- In the Matter of the Civil Commitment of: Dwayne Qutez Irving Minn. Ct. App. 2025
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In the Matter of the Civil Commitment of: Dwayne Qutez Irving
Minn. Ct. App. 2025
In re Linehan (Linehan IV)
- In re Defense and Indemnification of Alexander Vladimir Brown Minn. Ct. App. 2025
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In re Defense and Indemnification of Alexander Vladimir Brown
Minn. Ct. App. 2025
B. Substantive Due Process “[S]ubstantive due process protects individuals from certain arbitrary, wrongful government actions.”
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Kim Ouk v. Paul Schnell
Minn. Ct. App. 2025
Substantive due process protects individuals against “certain arbitrary, wrongful government actions regardless of the fairness of the procedures used to implement them.” (quotations omitted).
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In the Matter of the Civil Commitment of: Luke Adam Frank
Minn. Ct. App. 2025
And the supreme court has said that a person’s disorder or dysfunction must “not allow them to adequately control their sexual impulses, making it highly likely that they will engage in harmful sexual acts in the future.”
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In the Matter of the Civil Commitment of: DeRon Vaughnta Hazley
Minn. Ct. App. 2025
-76, 878 (Minn. 1999) (Linehan IV) (holding that the SDP 9 commitment act does not violate substantive due process because the statute is narrowly tailored to address a compelling state interest)
- In the Matter of the Civil Commitment of: Michael Benson Minn. 2024
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In the Matter of the Civil Commitment of: Michael Benson
Minn. 2024
–78 (Minn. 1999) (noting the district court’s conclusion that non-sexual acts of aggression “showed [the committed person’s] lack of control over his behavior”).
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In the Matter of the Civil Commitment of: Joseph Harvey Bellanger
Minn. Ct. App. 2024
However, this statutory limitation on the necessary proof “should be read very narrowly .” In re Linehan , 5 (Minn. 1999).
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Hiebert Greenhouses of Minnesota, Inc., et al v. City of Mountain Lake
Minn. Ct. App. 2024
“Substantive due process protects individuals from certain arbitrary, wrongful government actions.”
- In the Matter of the Civil Commitment of: Rodrick Dean Pouncy, Jr. Minn. Ct. App. 2024
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In the Matter of the Civil Commitment of: Rodrick Dean Pouncy, Jr.
Minn. Ct. App. 2024
16; (Linehan II) (“[T]he statute’s term ‘likely’ requires future misconduct to be ‘highly likely.’”), aff’d, vacated and remanded sub nom., Linehan v. Minnesota, 522 U.S. 1011 (1997), aff’d on remand, (affirming appellant’s civil commitment under SDP statute).
- Ronald Lindsey Reed v. Minnesota Department of Corrections, et al Minn. Ct. App. 2024
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Ronald Lindsey Reed v. Minnesota Department of Corrections, et al
Minn. Ct. App. 2024
Substantive Due Process Substantive due process protects individuals against “certain arbitrary, wrongful government actions regardless of the fairness of the procedures used to implement them.” (quotation omitted).
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In the Matter of the Civil Commitment of: Christopher Cody Johnson a/k/a Natasha Johnson (“Tasha”)
Minn. Ct. App. 2024
Re gardless, the Minnesota Supreme Court has held that “civil commitment under the Sexually Dangerous Person Act does not violate substantive due process under the United States and Minnesota Constitutions.”
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In the Matter of the Civil Commitment of: Aaron Wayne White, Sr.
Minn. Ct. App. 2023
However, the person’s disorder or dysfunction must “not allow them to adequately control their sexual impulses, making it highly likely that they will engage in harmful sexual acts in the future.” (Linehan IV).
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In the Matter of the Civil Commitment of: Colten Chase Camacho
Minn. Ct. App. 2022
However, the disorder or dysfunction must “not allow them to adequately control their sexual impulses, making it highly likely that they will engage in harmful sexual acts in the future.”
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In the Matter of the Civil Commitment of: Thomas Steven Allen Snook
Minn. Ct. App. 2022
-78 (Minn. 1999) (Linehan IV).
- State of Minnesota v. Terry Allynn Carlson Minn. Ct. App. 2021
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In the Matter of the Civil Commitment of: Richard Allen Smuda
Minn. Ct. App. 2021
-78 (Minn. 1999) (Linehan IV).
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Ricky Lee McDeid (A21-0042), Shane P. Garry (A21-0043) v. Nancy Johnston, CEO/Director, Minnesota Sex Offender Program, et al
Minn. Ct. App. 2021
Ashcroft, 563 U.S. at 741, 131 S. Ct. at 2083; -72 (Minn. 1999) (noting that civil commitment in context of Minnesota Sexually Dangerous Person Act differs fundamentally from criminal confinement because it does not share two primary objectives: punishment and deterrence) ; see also Kansas v. Hendricks , 521 U.S. 346, 347, 117 S. Ct. 2072 , 2075 (1997) (ho
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State of Minnesota ex rel. Gerald Browneagle v. Paul Schnell, Commissioner of Corrections
Minn. Ct. App. 2021
The doct rine of substantive due process “protects individuals from certain arbitrary, wrongful government actions regardless of the fairness of the procedures used to implement them.” (quotations omitted).
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State of Minnesota,
Minn. 2020
Safety , (finding the State has a compelling interest in protecting its citizens from drunk driving); In re Linehan , (“States have a compelling interest in .
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In the Matter of the Civil Commitment of: William Lee Erickson
Minn. Ct. App. 2020
12 346, 361–70, 117 S. Ct. 2072, 2082–85 (1997) (discussing Kansas’s civil-commitment law for sexually violent predators and holding that it does not constitute a criminal proceeding); Specht v. Patterson, 386 U.S. 605, 610 n.3, 87 S. Ct. 1209, 1212 n.3 (1967) (noting that a former version of the Minnesota psychopathic personality commitment law is not criminal in nature); –72 (Minn. 1999) (following the holding of Hendricks).
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In Re: The Matter of the Petition for Project No. 77, Clay County Ditch No. 51-Lateral No. 3, …
Minn. Ct. App. 2019
The substantiv e component of the right to due -process protects individuals from “certain arbitrary, wrongful, government actions regardless of the fairness of the procedures used to implement them.” (quotation omitted).
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In the Matter of the Civil Commitment of: Christopher Scott Malz
Minn. Ct. App. 2019
Lake George Park, 1 See In re Linehan (Linehan III), 78, 189 (Minn. 1996), vacated and remanded, 522 U.S. 1011, 118 S. Ct. 596 (1997), aff’d on remand, (providing six factors for district courts to consider in analyzing whether a person meets the criteria to be committed as an SDP).
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In re the Matter of: Victoria Carlson and Stephen Carlson v. Pam Wheelock, in her official capacity as …
Minn. Ct. App. 2019
Substantive due process protects individuals from wrongful government actions “ regardless of the fairness of the procedures used to implement them.” (quotations omitted).
- Fletcher Props., Inc. v. City of Minneapolis 931 N.W.2d 410 Minn. Ct. App. 2019
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Fletcher Props., Inc. v. City of Minneapolis
931 N.W.2d 410
Minn. Ct. App. 2019
In re Linehan , , 872 (Minn. 1999) (quotation omitted).
- In the Matter of the Civil Commitment of: Daniel Leroy Patten Minn. Ct. App. 2019
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In the Matter of the Civil Commitment of: Fitzgerald Calvin Stewart
Minn. Ct. App. 2019
But the individual must have a “present disorder or dysfunction [that] does not al low [him] to adequately control [his] sexual impulses.”
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Dwayne Eugene Jackson v. Commissioner of Human Services
Minn. Ct. App. 2018
Substantive Due Process Substantive due process protects individuals from “certain arbitrary, wrongful government actions regardless of the fairness of the pr ocedures used to implement them.” Zinermon v. Burch, 494 U.S. 113, 125, 110 S. Ct. 975, 983 (1990) (quotation omitted)
- In re Poole 921 N.W.2d 62 Minn. Ct. App. 2018
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In re Poole
921 N.W.2d 62
Minn. Ct. App. 2018
(SDP); (psychopathic personality statute).
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In the Matter of the Civil Commitment of: Melvin Louis Allen
Minn. Ct. App. 2018
The federal and state constitutions prohibit “certain arbitrary, wrongful government actions, regardless of the fairness of the procedures used to implement them.” (quoting Zinermon v. Burch, 494 U.S. 113, 125, 110 S. Ct. 975, 983 (1990) (internal quotation omitted) ).
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In re the Civil Commitment of: Dennis Darol Linehan
Minn. Ct. App. 2018
see also Linehan v. Milczark , 315 F.3d 920, 927-29 (8th Cir. 2003).
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Chester Vernon Jones v. Drew Evans, Superintendent, Minnesota Bureau of Criminal Apprehension in his official capacity
Minn. Ct. App. 2018
To prevail, Jones must prove that the BCA has violated his right to be protected “from ‘certain arbitrary, wrongful government actions regardless of the fairness of the procedures used to implement them.’” (quoting Zinermon v. Burch, 494 U.S. 113, 125, 110 S. Ct. 975, 983 (1990)).
- State v. Thonesavanh 904 N.W.2d 432 Minn. 2017
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State of Minnesota, ex rel., Joshua Sather v. Tom Roy, Commissioner of Corrections
Minn. Ct. App. 2017
Substantive due process protects people “from certain arbitrary, wrongful government actions regardless of the fairness of the procedures used to implement them.”
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Robert Atkinson v. Minnesota Department of Human Services, and Scott County Social/Human Services Agency
Minn. Ct. App. 2017
The doctrine “protects individual s from certai n arbitrary, wrongful government actions regardless of the fairness of the procedures used to implement them.” (quotations omitted).
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In the Matter of the Civil Commitment of: Tyler Paul Gephart
Minn. Ct. App. 2017
Linehan v. Minnesota, 522 U.S. 1011, 118 S. Ct. 596 (1997) , aff’d on remand