SJC decision allows for sex offender's release

6-15-2014 Massachusetts:

The state’s Supreme Judicial Court this week ruled that Level 3 sex offender David Gangi can no longer be held as a sexually dangerous person because it’s unlawful and unconstitutional.

By a unanimous 7-0 vote, the justices ruled that Gangi, 75, who was convicted of sexually assaulting a 22-year-old man at his Andover apartment in 2005, can no longer be kept at the Massachusetts Treatment Center for sexually dangerous persons, according to the decision issued Wednesday.

Gangi’s decision was handed down the same day the SJC ruled a state law created “community parole for life” for sex offenders was unconstitutional. Only judges can impose additional jail time on sex offenders who have completed their original sentences, according to the ruling.

In addition to the 2005 incident, Gangi also had sexual assault convictions in 1992 and 1993 involving 14-and 15-year-old boys and was previously described by Superior Court Judge Leila Kern as “someone with a sex addiction who can’t control himself.”

Smego v. Payne

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3-21-2012 Illinois:

Smego v. Payne

Richard Smego, a civilly committed sex offender, see 725 ILCS 207/1-99, appeals from the grant of summary judgment for the defendants in this action under 42 U.S.C. § 1983. Smego is confined at the treatment center in Rushville, Illinois, and claims that the facility director and four other current or former members of the staff deprived him of adequate medical care and retaliated when he complained.

We conclude that a jury reasonably could decide that three of the defendants, all of them responsible for treating the mental disorder that prompted Smego's commitment to Rushville, violated his constitutional rights by causing vital treatment to be discontinued.

We thus vacate the judgment in favor of those defendants and remand for further proceedings.

... ... ...

There is sufficient evidence in this record for a jury to find that, since mid-2009, the treatment that is essential to Smego's hopes of eventual release from Rushville has been at a standstill because of the actions of Jelinek, Payne, and Dr. Nwachukwu-Udaku.

The district court's grant of summary judgment in favor of these defendants is VACATED, and as to those defendants the case is REMANDED for further proceedings consistent with this order. In all other respects the judgment is AFFIRMED.

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