BURCH v. JORDAN

No. 11-3018.

TIMOTHY J. BURCH, Plaintiff-Appellant, v. DON JORDAN, Secretary, Kansas Department of Social and Rehabilitation Services, in his official and individual capacity; MARK E. SCHUTTER, Doctor, Superintendent, Larned State Hospital, in his official and individual capacity; AUSTIN DESLAURIERS, Doctor, Program Clinical Director, Kansas Sexual Predator Treatment Program, Larned State Hospital, in his official and individual capacity; LEO HERMAN, Doctor, Program Administrative Director, Kansas Sexual Predator Treatment Program, Larned State Hospital, in his official and individual capacity; MAYDA NEL STRONG, Doctor, Supervising Psychologist, Kansas Sexual Predator Treatment Program, in her official and individual capacity; STACY PAIGE, Acting Director, Osawatomie Transitional House Services, Osawatomie State Hospital, in her official and individual capacity; KERI APPLEQUIST, Primary Therapist, Kansas Sexual Predator Treatment Program, in her official and individual capacity; SANDRA GRAY, Clinical Social Work Supervisor, Kansas Sexual Predator Treatment Program, in her official and individual capacity; DENNIS SMITH, Primary Therapist, Kansas Sexual Predator Treatment Program, in his official and individual capacity; BROOK THOMPSON, Primary Activity Therapist II, Kansas Sexual Predator Treatment Program, in her official and individual capacity; CORY TURNER, Primary Psycho-Educational Supervisor, Kansas Sexual Predator Treatment Program, in his official and individual capacity; LANCE HAGERMAN, Primary Activity Therapist I, Kansas Sexual Predator Treatment Program, in his official and individual capacity; JOHN DOE, officials, agencies or entities, including, but not limited to, any and all Counselors or Treatment Team, Clinical Team and Leadership Team, or Clinical Psychologists or Psychiatrists who aid, abet, assist, and/or work for the Kansas SPTP; JANE DOE, Mail Clerk, officials, agencies or entities, including, but not limited to, any and all Counselors or Treatment Team, Clinical Team and Leadership Team, or Clinical Psychologists or Psychiatrists who aid, abet, assist, and/or work for the Kansas SPTP; ROBERT E. CONNELL, Doctor, Acting Superintendent, Larned State Hospital, in his official and individual capacity; LEE FLAMIK, Program Administrative Director, Kansas Sexual Predator Treatment Program, in his official and individual capacity; MATTHEW BROUS, Program Consultant, Kansas Sexual Predator Treatment Program, in his official and individual capacity; PENNY RIEDEL, Activity Therapist II, Kansas Sexual Predator Program, in her official and individual capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 22, 2011.


ORDER AND JUDGMENT*

STEPHEN H. ANDERSON, Circuit Judge.

The Kansas Sexually Violent Predator Act, Kan. Stat. Ann. §§ 59-29a01 to 59-29a22 ("KSVPA"), provides that individuals adjudged to be sexually violent predators due to a mental abnormality or personality disorder

shall be committed to the custody of the secretary of social and rehabilitation services for control, care and treatment until such time...

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