WARREN v. PATAKI

Docket No. 13-3412.

823 F.3d 125 (2016)

Robert WARREN, Charles Brooks, Consolidated Plaintiffs-Appellants, Robert Trocchio, Sylvia Torres, as Administratrix of the Estate of Jorge Burgos, Jr., Louis Massei, Consolidated Plaintiffs, Kenneth Bailey, Plaintiff, v. George PATAKI, Former Governor of New York State, Sharon Carpinello, Glenn S. Goord, Eileen Consilvio, Former Executive Director, Manhattan Psychiatric Center and Kirby Forensic Psychiatric Center, Robert Dennison, Former Chairman of the New York State Board of Parole and Chief Executive Officer of the New York State Division of Parole, Dale Artus, Former Superintendent of Clinton Correctional Facility, Defendants-Appellees, John Doe(s), #3, Superintendent of Wyoming Correctional Facility, John Doe(s), #4, Superintendent of Attica Correctional Facility, John Doe(s), #5, Superintendent of the Downstate Correctional Facility, John Does, #6 through 20, Medical Personnel Who Examined and Evaluated Plaintiff Pursuant to New York State Mental Hygiene Law Article 9, Michael Giambruno, James Conway, Paul Annetts, Emilia Rutigliano, Prabhakar Gumbula, Olusegun Bello, Allan Wells, Jonathan Kaplan, Mary Ann Ross, Ayodeji Somefun, Michal Kunz, William Powers, Leo E. Payant, Lawrence Farago, Luis Hernandez, Samuel Langer, Jeffrey Tedford, Former Deputy Superintendent of Security, 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, Defendants.

United States Court of Appeals, Second Circuit.

Decided: May 17, 2016.


Attorney(s) appearing for the Case

Karen R. King ( Jesse S. Crew , Jayme J. Herschkopf , and Ekta R. Dharia , on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for Consolidated Plaintiffs-Appellants.

Ameer Benno , Benno & Associates P.C., New York, NY, (on the brief), for Consolidated Plaintiffs-Appellants.

Claude S. Platton ( Barbara D. Underwood , Cecelia C. Chang , on the brief), for Eric T. Schneiderman , Attorney General of the State of New York, New York, NY, for Defendants-Appellees Except George Pataki.

Abbe David Lowell ( Christopher D. Man , on the brief), Chadbourne & Parke, LLP, Washington, District of Columbia, for Defendant-Appellee George Pataki.

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


In 2005, then-New York State Governor George Pataki launched the Sexually Violent Predator Initiative (the "SVP Initiative" or the "Initiative"), which provided for the involuntary civil commitment at state psychiatric facilities of some "sexually violent predators" ("SVPs") nearing the date of their release from incarceration...

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