# In Re Linehan

> Supreme Court of Minnesota · May 27, 1999 · 594 N.W.2d 867

URL: https://www.frixlaw.com/law-library/cases/9719877

## Case

- **Full name:** In Re Dennis Darol LINEHAN
- **Court:** Supreme Court of Minnesota
- **Decided:** May 27, 1999
- **Citations:** 594 N.W.2d 867; 1999 Minn. LEXIS 319; 1999 WL 335788
- **Precedential status:** Published
- **Opinion:** Concurring in part by Anderson
- **Judges:** Anderson, Blatz, Lancaster
- **Cited by:** 84 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Questioned by In Re Detention of Thorell, 72 P.3d 708 (2003).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9719877

## How later opinions describe it (automated extraction)

- holding that the Minnesota act comports with Hendriclcs because it "requires a finding of future dangerousness, and then links that finding to the existence of a 'mental abnormality’ or personality disorder’ that makes it difficult, if not impossible, for the person to control…
- holding that record supported finding that offender lacked adequate control over his sexually harmful behavior when he showed continuing sexual attraction to young females, refused to participate in offered substance abuse treatment, and acted aggressively toward staff while c…
- explaining that “freedom from physical restraint has always been at the core of the liberty protected by the Due Process Clause” and the State has “a compelling interest in ... *26 protecting the public from sexual violence” (citation omitted) (internal quotation marks omitted)
- concluding that because Minnesota SVPA requires findings of future dangerousness and present disorder or dysfunction that makes it highly likely that individual will recidivate, statute meets Hendricks’ requirements of some volitional impairment
- concluding, in examining law providing for civil commitment of sexually dangerous persons, that “[sjtates have a compelling interest in both protecting the public from ... violence and rehabilitating the mentally ill”

## Opinion text

PAUL H. ANDERSON, J.
(concurring in part and dissenting in part).
I join in the concurrence and dissent of Justice Lancaster.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9719877. Public record. Not legal advice.