Habeas Procedure and Remedies in Minnesota's Sex Offender Program

Abstract

This Paper will first summarize Karsjens v. Jesson, providing an overview of the arguments and the district court’s findings of fact. Then, this Paper will detail the arguments on appeal for Karsjens. Next, this Paper will provide a background of MSOP and outline the statutory and regulatory process that underlies the law suit in Karsjens. Fourth, this Paper will explore applicable law on habeas process in civil commitment hearings and the proper relief available under § 1983 actions. Fifth, this Paper will proffer the appropriate resolution to these two issues by analyzing the relevant case law and predicting the actions of the Eighth Circuit on appeal. This paper finds that the district court’s order of release under § 1983 will be affirmed on appeal and that the additional habeas procedures will be similarly upheld. This paper concludes with a few thoughts on what future relief looks like for this class of litigant and what actions can be taken to secure a change in the conditions of confinement for these plaintiffs.