Geitz v Koster
Plaintiffs, who are pretrial civil detainees moving to proceed in forma pauperis, bring this action under 42 U.S.C. § 1983 for alleged violations of their constitutional rights. Upon review of the complaint, the Court finds that defendants should be served with process.
Plaintiffs James Geitz, Roger Blum, and Kenneth Christner are currently detained at the Ste. Genevieve Detention Center pursuant to Missouri's Sexually Violent Predator Act, Mo. Rev. Stat. §§ 632.480-632.513 (the "Act")
Named as defendants are Chris Kostner, Attorney General for the State of Missouri; George Lombardi, Director of the Missouri Department of Corrections; Ellis McSwain, Jr., Chairman of the Board of Probation and Parole; Julie Motley, Director of the Missouri Sex Offender Program; Keith Schafer, Director of the Missouri Department of Mental Health; and David Schmitt, Director of the Sex Offender Rehabilitation and Treatment Services ("SORTS").
Plaintiffs allege that their rights to equal protection and to be free from cruel and unusual punishment have been infringed upon by an "unwritten policy" of the defendants. Plaintiffs were all imprisoned for sex-related crimes. During their incarceration, they participated in Missouri's Sex Offender Treatment Program (the "Program"). In the Program, prisoners are encouraged to prepare a Sexual Victim Disclosure packet. They are instructed to write down not only the victims for the crimes giving rise to their incarceration, but also victims for whom they had not been prosecuted.
