SERNA v. GOODNO

No. 05-3441.

567 F.3d 944 (2009)

Luis A. SERNA, Plaintiff-Appellant, v. Kevin GOODNO; Jerry Zimmerman, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 3, 2009.


Attorney(s) appearing for the Case

Katherine H. Purdy, argued, St. Louis, MO (D. Bruce La Pierre, Wash. U. School of Law and K. Lee Marshall, Bryan Cave LLP, Matthew J. Mailloux, Elizabeth A. Peters, Ashley E. Tremain, Jonathan D. Van Duren and Drew H. Yaeger, on the brief), for appellant.

Barbara E. Berg Windels, AAG, argued, St. Paul, MN, for appellee.

Before MELLOY, BOWMAN, and SMITH, Circuit Judges.


MELLOY, Circuit Judge.

Luis A. Serna is an involuntarily civilly committed "sexually dangerous person" currently detained as part of the Minnesota Sex Offender Program (the "Program")1 at a treatment facility in Moose Lake, Minnesota. Staff at Moose Lake discovered a cell-phone case in a common area, considered cell phones to be security and treatment risks, and began to search for a suspected contraband phone. They first searched the...

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