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JOHNSON v. FABIAN

Nos. A05-2498, A06-439.

735 N.W.2d 295 (2007)

Frank Edward JOHNSON, Respondent, v. Joan FABIAN, Commissioner of Corrections, et al., Appellants. and State of Minnesota, ex rel. John William Henderson, Appellant, v. Joan Fabian, Commissioner of Corrections, Respondent.

Supreme Court of Minnesota.

June 28, 2007.

Attorney(s) appearing for the Case

Bradford William Colbert, L.A.M.P., St. Paul, MN, for Appellants Frank Edward Johnson's and John William Henderson.

Brent Dean Wartner, Director, Policy and Legal Services, Eric Lee Lipman, State Sex Offender Policy Coordinator, St. Paul, MN, for Respondent Joan Fabian, Commissioner of Corrections.

Kaarin Sherrill Long, Minnesota Coalition Against Sexual Assault, St. Paul, MN, for Amicus Minnesota Coalition Against Sexual Assault.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, RUSSELL A., Chief Justice.

In these consolidated cases, we are asked to determine whether the Fifth Amendment privilege against self-incrimination of two inmates of the Minnesota Department of Corrections was violated by the extension of the inmates' periods of incarceration as a disciplinary sanction for refusal to admit or discuss the inmates' crimes of conviction in a sex offender treatment program. The court of appeals held in Johnson...

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