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KARSJENS v. HARPSTEAD

No. 22-1459.

74 F.4th 561 (2023)

Kevin Scott KARSJENS, and all others similarly situated; Kevin John DeVillion, and all others similarly situated; Peter Gerard Lonergan, and all others similarly situated; James Matthew Noyer, Sr., and all others similarly situated; James John Rud, and all others similarly situated; James Allen Barber, and all others similarly situated; Craig Allen Bolte, and all others similarly situated; Dennis Richard Steiner, and all others similarly situated; Kaine Joseph Braun, and all others similarly situated; Christopher John Thuringer, and all others similarly situated; Kenny S. Daywitt, and all others similarly situated; Bradley Wayne Foster, and all others similarly situated; David Leroy Gamble, and all others similarly situated; Brian K. Hausfeld, and all others similarly situated, Plaintiffs-Appellants. v. Jodi HARPSTEAD; Kevin Moser, in their individual and official capacities; Peter Puffer; Ann Zimmerman, in their individual and official capacities; Nancy Johnston, in their individual and official capacities; Jannine Hebert, in their individual and official capacities, Defendants-Appellees, United States, Amicus on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: July 13, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Daniel E. Gustafson , of Minneapolis, MN. The following attorneys also appeared on the appellant brief; Karla M. Gluek , of Minneapolis, MN., David A. Goodwin , or Minneapolis MN., and Anthony J. Stauber , or Minneapolis, MN.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Aaron Edward Winter , AAG, of Saint Paul, MN. The following attorneys also appeared on the appellee brief; Keith Ellison , of St. Paul, MN., Scott H. Ikeda , of St. Paul, MN., and Brandon Boese , of St. Paul, MN.

Counsel who presented argument on behalf of the amicus and appeared on the brief was Katherine Lamm. The following attorney also appeared on the amicus brief; Erin H. Flynn , of Washington, DC.

Before LOKEN, SHEPHERD, and KELLY, Circuit Judges.

This case was brought by a class of sex offenders (Appellants) civilly committed to the Minnesota Sex Offender Program (MSOP) pursuant to the Minnesota Civil Commitment and Treatment Act: Sexually Dangerous Persons and Sexual Psychopathic Personalities, codified at Minnesota Statute § 253D (MCTA). Appellants filed this...

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