No. 19-8550

Wayne Carl Nicolaison v. Minnesota

Lower Court: Minnesota
Docketed: 2020-05-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-commitment due-process equal-protection Foucha-v-Louisiana liberty mental-illness
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (from Petition)

THE CASE UNDERLYING THIS PETITION IS AN ACTION TO ENFORCE CASE LAW, THAT REQUIRES DISCHARGE OF CIVIL COMMITMENT, WHEN THE ORIGINAL MENTAL ILLNESS IS IN REMISSION OR NO LONGER MENTALLY ILL, AND NO LONGER DANGEROUS IN THE MEANING FOR COMMITMENT, BUT DENIED LIBERTY BASED UPON A "FICTIONAL FUTURE BEHAVIOR/CRIME" IN VIOLATION OF FOUCHA V LOUISANA 504 U.S. 71 (1992)?

Question Presented (AI Summary)

Whether civil commitment can be continued based on a 'fictional future behavior/crime' in violation of Foucha v. Louisiana

Docket Entries

2020-10-05
Petition DENIED.
2020-07-09
DISTRIBUTED for Conference of 9/29/2020.
2020-07-07
Waiver of right of respondent State of Minnesota to respond filed.
2020-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 29, 2020)

Attorneys

State of Minnesota
Molly BeckiusOffice of the Minnesota Attorney General, Respondent
Wayne Nicolaison
Wayne Nicolaison — Petitioner