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KANSAS v. HENDRICKS

No. 95-1649.

521 U.S. 346 (1997)

117 S.Ct. 2072

138 L.Ed.2d 501

KANSAS v. HENDRICKS

Supreme Court of United States.

Decided June 23, 1997.

Attorney(s) appearing for the Case

Carla J. Stovall, Attorney General of Kansas, argued the cause for the petitioner in No. 95-1649 and respondent in No. 95-9075. With her on the briefs were Stephen R. McAllister, Special Assistant Attorney General, Bernard Nash, James van R. Springer, and Laura B. Feigin.

Thomas J. Weilert argued the cause for Hendricks in both cases. With him on the briefs were James W. Ellis and David Gottlieb.†

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined. Kennedy, J., filed a concurring opinion, p. 371. Breyer, J., filed a dissenting opinion, in which Stevens and Souter, JJ., joined, and in which Ginsburg, J., joined as to Parts II and III, p. 373.

Justice Thomas, delivered the opinion of the Court.

In 1994, Kansas enacted the Sexually Violent Predator Act, which establishes procedures for the civil commitment of persons who, due to a "mental abnormality" or a "personality disorder," are likely to engage in "predatory acts of sexual violence." Kan. Stat. Ann. § 59-29a01 et seq. (1994). The State invoked the Act for the first time to commit Leroy Hendricks...

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