Cited by
Opinions in Minnesota that cite In Re Linehan, 594 N.W.2d 867.
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In the Matter of the Civil Commitment of: David Josef Lovejoy.
Minn. Ct. App. 2017
Linehan v. Minnesota, 522 U.S. 1011, 118 S. Ct. 596 (1997), aff’d on remand
- State of Minnesota v. Emile Rey 890 N.W.2d 135 Minn. Ct. App. 2017
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State of Minnesota v. Emile Rey
890 N.W.2d 135
Minn. Ct. App. 2017
d 867, 872 (Minn. 1999); Gustafson v. Comm’r of Human Servs.
- Steven R. Saba v. City of Fridley Minn. Ct. App. 2016
- State of Minnesota v. Arthur Senty-Haugen Minn. Ct. App. 2016
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State of Minnesota v. Arthur Senty-Haugen
Minn. Ct. App. 2016
Under Bell, appellant’s expectation of privacy in the contents of his smartphone must be balanced against the state’s compelling interest in “both protecting the public from sexual violence and rehabilitating the mentally ill.”
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Steven R. Saba v. City of Fridley
Minn. Ct. App. 2016
The doctrine “protects individuals from certain arbitrary, wrongful government actions regardless of the fairness of the procedures used to implement them.” (quotations omitted).
- Wayne Nicolaison v. Kevin Moser, Director of Minnesota Sex Offender Program Minn. Ct. App. 2016
- Wayne Nicolaison v. Kevin Moser, Director of Minnesota Sex Offender Program Minn. Ct. App. 2016
- In the Matter of the Civil Commitment of Aaron Michael Hayes. Minn. Ct. App. 2016
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In the Matter of the Civil Commitment of Aaron Michael Hayes.
Minn. Ct. App. 2016
But the statute does require a showing that the person’s disorder “does not allow [him] to adequately control [his] sexual impulses.” d 867, 876 (Minn. 1999) (Linehan IV) (emphasis added).
- In the Matter of the Civil Commitment of: Brent Charles Nielsen. Minn. Ct. App. 2016
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In the Matter of the Civil Commitment of: Brent Charles Nielsen.
Minn. Ct. App. 2016
The district court also considered the six factors listed in (Linehan I), and the five factors from -77 (Minn. 1999) (Linehan IV), and determined that the factors supported commitment.
- State of Minnesota v. Mark Robert Moser 884 N.W.2d 890 Minn. Ct. App. 2016
- In the Matter of the Civil Commitment of: Jamie Allen Andrews. Minn. Ct. App. 2016
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In the Matter of the Civil Commitment of: Jamie Allen Andrews.
Minn. Ct. App. 2016
In re Linehan (Linehan IV), -76 (Minn. 11 1999); review denied (Minn. Sept.
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State of Minnesota v. Mark Robert Moser
884 N.W.2d 890
Minn. Ct. App. 2016
XIV, § 1; Minn. Const. art. I, § 7.3 In addition, substantive due process protects individuals from “certain arbitrary, wrongful government actions regardless of the fairness of the procedures used to implement them.” (quotations omitted).
- Jason Daniel Gustafson, Relator v. Commissioner of Human Services 884 N.W.2d 674 Minn. Ct. App. 2016
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Jason Daniel Gustafson, Relator v. Commissioner of Human Services
884 N.W.2d 674
Minn. Ct. App. 2016
The doctrine “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: Brad Ronald Stevens. Minn. Ct. App. 2016
- In the Matter of the Civil Commitment of: Joshua Royce Holmquist. Minn. Ct. App. 2016
- In the Matter of the Civil Commitment of: Joshua Royce Holmquist. Minn. Ct. App. 2016
- In the Matter of the Civil Commitment of: Brad Ronald Stevens. Minn. Ct. App. 2016
- In the Matter of the Civil Commitment of: Peter Gerard Lonergan. Minn. Ct. App. 2016
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In the Matter of the Civil Commitment of: Peter Gerard Lonergan.
Minn. Ct. App. 2016
See generally Lonergan, d at 641-42; -76 (Minn. 1999); -71 (Minn. App. 2002), review denied (Minn. Sept.
- In the Matter of the Civil Commitment of: Steven Merrill Hogy. Minn. Ct. App. 2016
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In the Matter of the Civil Commitment of: Steven Merrill Hogy.
Minn. Ct. App. 2016
Hogy argues that “this case turns on whether the state has demonstrated that the [MCTA] is narrowly tailored” to meet the interests of “protecting the public from sexual violence and rehabilitating the mentally ill,”
- State of Minnesota v. Richard Ellis Hill 871 N.W.2d 900 Minn. 2015
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State of Minnesota v. Richard Ellis Hill
871 N.W.2d 900
Minn. 2015
We have interpreted the substantive component of the right to due process as protecting an individual from “certain arbitrary, wrongful government actions regardless of the fairness of the procedures used to implement them.” 5 d 867, 872 (Minn. 1999) (quoting Zinermon v. Burch, 494 U.S. 113, 125 (1990)).
- In the Matter of the Civil Commitment of: Brian Lee Wilbur. Minn. Ct. App. 2015
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In the Matter of the Civil Commitment of: Brian Lee Wilbur.
Minn. Ct. App. 2015
(Linehan IV); review denied (Minn. Aug.
- In the Matter of the Civil Commitment of: Terry Lee Branson. Minn. Ct. App. 2015
- In the Matter of the Civil Commitment of: Terry Lee Branson. Minn. Ct. App. 2015
- In the Matter of the Civil Commitment of: Milton Thomas. Minn. Ct. App. 2015
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In the Matter of the Civil Commitment of: Milton Thomas.
Minn. Ct. App. 2015
After finding each of their opinions to be credible, the district court considered the six factors listed in (Linehan 2 I), and the five factors from (Linehan IV), concluding that each factor supported commitment.
- In the Matter of the Civil Commitment of: Jeremy Michael Bilder. Minn. Ct. App. 2015
- In the Matter of the Civil Commitment of: Jeremy Michael Bilder. Minn. Ct. App. 2015
- State of Minnesota v. Babafemi Adewale Odukale Minn. Ct. App. 2015
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State of Minnesota v. Babafemi Adewale Odukale
Minn. Ct. App. 2015
“[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).
- Antone William Guimont v. Commissioner of Public Safety Minn. Ct. App. 2015
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Antone William Guimont v. Commissioner of Public Safety
Minn. Ct. App. 2015
“[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: Stephen Danforth, a/k/a Stephen Rabideau. Minn. Ct. App. 2014
- State of Minnesota v. David Lamar Everett, and David Lamar Everett v. Commissioner of Public Safety Minn. Ct. App. 2014
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State of Minnesota v. David Lamar Everett, and David Lamar Everett v. Commissioner of Public Safety
Minn. Ct. App. 2014
“[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).
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In the Matter of the Civil Commitment of: Stephen Danforth, a/k/a Stephen Rabideau.
Minn. Ct. App. 2014
The statute also requires the commitment court to find future dangerousness, coupled with additional factors, and is intended to “‘limit involuntary civil confinement to those who suffer from a volitional impairment rendering them dangerous beyond their control.’” Ince, d at 23 (quoting In re Linehan (Linehan IV), ).
- In the Matter of the Civil Commitment of: Charles Walter Bathel. Minn. Ct. App. 2014
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In the Matter of the Civil Commitment of: Charles Walter Bathel.
Minn. Ct. App. 2014
–74 (Minn. 1999) (Linehan IV).
- In the Matter of the Civil Commitment of: Matthew Alan Radke. Minn. Ct. App. 2014
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In the Matter of the Civil Commitment of: Matthew Alan Radke.
Minn. Ct. App. 2014
(Linehan III), vacated on other grounds, 522 U.S. 1011, 118 S. Ct. 596 (1997), aff'd on remand
- State of Minnesota v. Brandon Joseph Poitra Minn. Ct. App. 2014