Docket No. 10-2563.

708 F.3d 391 (2013)

Kenneth BAILEY, Plaintiff-Appellee, Robert Trocchio, Jorge Burgos, Jr., Louis Massei, Robert Warren, Charles Brooks, Consolidated Plaintiffs-Appellees, v. George PATAKI, former Governor of New York State, Eileen Consilvio, former Executive Director, Manhattan Psychiatric Center and Kirby Forensic Psychiatric Center, John Doe, #1, Commissioner of the New York State Department of Corrections, John Doe, #2, Commissioner of the New York State Office of Mental Health, John Doe, #3, Superintendent of Wyoming Correctional Facility, John Doe, #4, Superintendent of Attica Correctional Facility, John Doe, #5, Superintendent of the Downstate Correctional Facility, John Doe, #6 through 20, medical personnel who examined and evaluated plaintiff pursuant to New York State Mental Hygiene Law Article 9, Glenn S. Goord, Sharon Carpinello, Michael Giambruno, James Conway, Paul Annetts, Emilia Rutigliano, Prabhakar Gumbula, Allan Wells, Defendants-Appellants, Jonathan Kaplan, Olusegun Bello, Mary Ann Ross, Ayodeji Somefun, Michal Kunz, William Powers, Lee E. Payant, Lawrence Farago, Luis Hernandez, Samuel Langer, Robert Dennison, Former Chairman of the New York State Board of Parole and Chief Executive Officer of the New York State Division of Parole, Jeffrey Tedford, Former Deputy Superintendent of Security at Clinton Correctional Facility, William J. Sackett, Facility Senior Parole Officer, Clinton Correctional Facility, Jean Liu, psychiatrist who evaluated plaintiff for possible civil commitment, Abadul Qayyum, Charles Chung, Dale Artus, Former Superintendent of Clinton Correctional Facility, Consolidated Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: February 14, 2013.

Attorney(s) appearing for the Case

Ameer Benno , Benno & Associates, New York, NY, ( Richard Sullivan , Jeffrey Rothman , on the brief), for Plaintiffs-Appellees.

Cecelia C. Chang , Assistant Solicitor General, ( Barbara D. Underwood , Solicitor General, Benjamin N. Gutman , Deputy Solicitor General, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for Defendants-Appellants.

Before: McLAUGHLIN, SACK, and HALL, Circuit Judges.

SACK, Circuit Judge:

This appeal requires us to decide whether the civil commitment of the plaintiffs following the expiration of their sentences for sexually based criminal offenses constituted violations of their procedural due process rights redressable under 42 U.S.C. § 1983, and, if so, whether the defendants are nonetheless entitled on the record before the district court to summary judgment dismissing the procedural due process claims on the grounds of...


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