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Federal Judge Strikes Down Lawsuit Against Kansas Sexually Violent Predator Program

Bloomsberries, flickr Creative Commons
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flickr Creative Commons
Credit Bloomsberries, flickr Creative Commons

A lawsuit challenging Kansas’ civil commitment of sexually violent predators has been dismissed. The plaintiffs remain involuntarily confined at Larned State Hospital.

Since 1994, Kansas has required that people found to be sexually violent, and likely to reoffend, be involuntary confined in a state facility and undergo treatment.

The 20-plus patients who sued claimed high staff turnover and inadequate access to treatment made it extremely difficult to complete the program, and had left them in indefinite confinement in prison-like conditions.

As of December 2014, there were 243 individuals in the program. Only three had successfully completed it and another 30 died during confinement.

In dismissing the case, U.S. District Judge J. Thomas Marten ruled the plaintiffs failed to state a claim for relief that could be granted.

No decision has been made yet about an appeal.

Dan Margolies is KCUR’s health editor. You can reach him on Twitter @DanMargolies.

Copyright 2017 KMUW | NPR for Wichita

Dan was born in Brooklyn, N.Y. and moved to Kansas City with his family when he was eight years old. He majored in philosophy at Washington University in St. Louis and holds law and journalism degrees from Boston University. He has been an avid public radio listener for as long as he can remember – which these days isn’t very long… Dan has been a two-time finalist in The Gerald Loeb Awards for Distinguished Business and Financial Journalism, and has won multiple regional awards for his legal and health care coverage. Dan doesn't have any hobbies as such, but devours one to three books a week, assiduously works The New York Times Crossword puzzle Thursdays through Sundays and, for physical exercise, tries to get in a couple of rounds of racquetball per week.
Dan Margolies
In a long and varied journalism career, Dan has worked as a business reporter for the Kansas City Business Journal, The Kansas City Star and Reuters. In a previous life, he was a lawyer. He has also worked as a media insurance underwriter and project development director for a small video production firm.