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VARNER v. MONOHAN

No. 05-2310.

460 F.3d 861 (2006)

Herbert J. VARNER, Petitioner-Appellant, v. Tom MONOHAN, Director, Illinois Department of Human Services, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 2006.

Attorney(s) appearing for the Case

Richard H. McLeese (argued), Chicago, IL, for Petitioner-Appellant.

Colleen M. Griffin (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.

Before EASTERBROOK, RIPPLE, and ROVNER, Circuit Judges.

EASTERBROOK, Circuit Judge.

Illinois is among the states that permit indefinite civil commitment of certain sexual offenders. In 1998 Illinois initiated proceedings under the Sexually Violent Persons Commitment Act ("SVPA"), 725 ILCS 207/1 to 207/99, to commit Herbert Varner, a repeat sex offender who refused to participate in treatment programs during his 13-year sentence for the sexual assault of his five-year-old niece.

The SVPA calls for the civil confinement...

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