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McKUNE v. LILE

No. 00-1187.

536 U.S. 24 (2002)

McKUNE, WARDEN, et al. v. LILE

United States Supreme Court.

Decided June 10, 2002.

Attorney(s) appearing for the Case

Stephen R. McAllister, State Solicitor of Kansas, argued the cause for petitioners. With him on the briefs were Carla J. Stovall, Attorney General, Jared S. Maag, and Timothy G. Madden.

Gregory G. Garre argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Olson, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Clement, and Vicki Marani.

Matthew J. Wiltanger argued the cause for respondent. With him on the brief was Paul W. Rebein.*

Kennedy, J., announced the judgment of the Court and delivered an opinion, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined. O'Connor, J., filed an opinion concurring in the judgment, p. 48. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, p. 54.

Justice Kennedy announced the judgment of the Court and delivered an opinion, in which The Chief Justice, Justice Scalia, and Justice Thomas join.

Respondent Robert G. Lile is a convicted sex offender in the custody of the Kansas Department of Corrections (Department). A few years before respondent was scheduled to reenter society, Department officials recommended that he enter a prison treatment program so that he would not...

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