Johnson v. State
| Decision Date | 11 September 2009 |
| Docket Number | No. 100,523.,100,523. |
| Citation | 215 P.3d 575 |
| Parties | Edward C. JOHNSON and Chase C. Collins, Appellants, v. STATE of Kansas, et al., Appellees. |
| Court | Kansas Supreme Court |
Sam S. Kepfield, of Hutchinson, argued the cause and was on the brief for appellants.
Danny J. Baumgartner, litigation attorney, Kansas Department of Social and Rehabilitation Services, argued the cause, and C. William Ossmann, chief of litigation, Kansas Department of Social and Rehabilitation Services, was with him on the brief for appellees.
Edward Johnson and Chase Collins (Petitioners) filed a pro se petition for writ of habeas corpus pursuant to K.S.A. 60-1501 in Pawnee County District Court, seeking release from the custody of the Department of Social and Rehabilitation Services (SRS) and the Sexual Predator Treatment Program (SPTP) at Larned State Hospital (Larned). Petitioners allege that the SPTP, as applied to them, is constitutionally inadequate to "cure" their conditions and lead to their eventual release.
The State filed a motion for summary dismissal, arguing primarily that, as a matter of law, the Petitioners have failed to establish conduct that is shocking to the conscience and cannot succeed in establishing a continuing constitutional violation. More specifically, the State noted it is uncontroverted that Johnson and Collins have not complied with the program because they disagree with the treatment regimen and, as a result, Johnson and Collins cannot establish that the SPTP will not lead to their eventual release.
We agree with the State's argument and affirm the summary dismissal of the petition, concluding Johnson and Collins (1) have failed to allege conduct that is shocking to the conscience and (2) cannot establish a continuing constitutional deprivation regarding the efficacy of the program because they (a) lack standing to raise issues regarding the adequacy of the treatment program as applied to others and (b) raise only a hypothetical question of whether the treatment program could be effective if they fully participated.
Johnson and Collins' petition originally alleged several additional constitutional violations, including that the Larned staff have retaliated against them for making complaints about the SPTP, have denied resident-initiated proposals, and have failed to provide the least restrictive environment by denying access to cable television in residents' rooms and requiring residents to remain in their rooms at night. The focus of the petition, however, was the inadequacy of the treatment program.
In liberally construing the pro se K.S.A. 60-1501 petition, the district court determined that the petition presented substantial questions of law and/or triable issues of fact warranting Johnson and Collins' request for appointed counsel. After counsel was appointed to represent Johnson and Collins, discovery was conducted and pretrial questionnaires were filed in which the Petitioners indicated that they were narrowing their issue to the following question:
"Does the SPTP program offer treatment sufficient to cure Petitioners' condition, leading to eventual release, or is the program a form of `warehousing' Petitioners through a civil commitment process?"
The State filed a motion to dismiss for failure to state a claim upon which relief may be granted. The State first observed that Johnson and Collins, by their own admission, had not been compliant in the treatment program. Further, by alleging that security conditions are too excessive and that they are not obtaining enough help from their therapists, Johnson and Collins raised a substantive due process claim, which is judged by a less stringent standard for individuals who are civilly confined, and a commitment under the Kansas Sexually Violent Predator Act (SVPA), K.S.A. 59-29a01 et seq., is clearly civil in nature, not criminal or punitive. With regard to training or rehabilitation in a civil commitment setting, the State argued that it has considerable discretion in determining the scope and nature of its responsibilities, and with regard to conditions, the State is only required to provide minimal necessities to insure Johnson and Collins have a reasonable opportunity to have "safety and freedom from undue restraint."
Second, the State contended Johnson and Collins failed to satisfy their burden of showing that the conditions or restrictions imposed on them bear no rational basis to the purpose of their confinement in Larned. Citing Ledbetter v. City of Topeka, Kan., 318 F.3d 1183, 1188 (10th Cir.2003), the State observed that under the Due Process Clause of the United States Constitution, a facility such as Larned is required to provide humane conditions including adequate food, shelter, clothing, and medical care, as well as reasonable steps to insure the residents' safety. The State noted that Johnson and Collins failed to raise this type of claim; rather the State pointed to specific allegations raised by Johnson and Collins, such as the "[denial] of cable TV in rooms," "keeping [residents] in their rooms at night," and "denying resident-initiated projects/proposals." Due process is not implicated by these allegations, according to the State.
In their response to the State's motion to dismiss, Johnson and Collins argued that since the SPTP was initiated in October 1994, only two residents have been released from treatment, while as of June 2007, more than 150 have been admitted to the program. Their source of information is unclear. The Petitioners claimed that "[t]wo patients in thirteen years is not a strong indicator of an effective program." For general support, Johnson and Collins cited an article coauthored by Dr. Austin DesLauriers, the program clinical director for the SPTP at Larned, which indicated that a "legitimate program should be expected to have graduates." See DesLauriers & Gardner, The Sexual Predator Treatment Program of Kansas, The Sexual Predator: Law, Policy, Evaluation, and Treatment, p. 11-21 .
The district court held a hearing on the State's motion to dismiss on February 11, 2008. At the hearing, Johnson and Collins presented the testimony of Dr. DesLauriers, which the court allowed to the extent the testimony went to the conditions and duration of the Petitioners' confinement and treatment.
The SPTP, according to Dr. DesLauriers' testimony, is a seven-phase program which includes both group and individual therapy, with an emphasis on group therapy. The first four phases comprise the intensive inpatient treatment portion of the program. Phase 1 is the orientation phase, Phase 2 is the academic phase in which the resident completes a 1-year curriculum aimed at "key principals of sexual behavior change." Phase 3 is the applied phase. Phase 4 was described by Dr. DesLauriers as a phase "for completing the relapse prevention plan and tying up in-patient issues."
Before a resident can move to the final three phases of the program—the transition phases—the resident must appear before a transition panel. The panel may either accept or reject the recommendations of the treating staff. Once it is determined by the transition panel that the resident is ready to enter the phases of transition treatment, the resident enters Phase 5 where he or she is escorted at all times and introduced to a graduated series of experiences on the grounds of Osawatomie State Hospital. From there, in Phases 6 and 7, the resident gradually becomes more independent by living in a cottage house on the grounds of Osawatomie, obtaining a job, attending outpatient therapy, and gaining conditional release for a minimum of 5 years.
Dr. DesLauriers testified that, as of the date of the hearing, there were 160 SPTP residents on the grounds of Larned. Six individuals have completed the final, seventh, phase of treatment, three of whom have gained final release, which entails no supervision. Dr. DesLauriers further testified that an additional 10 or 11 individuals are currently in the transition, or final, phases of treatment. He indicated that he "would like to see more people who are ready to graduate from the program," but the small number of individuals who have obtained final release is not unreasonable given the "growing pains" of the SPTP in its development.
After hearing the testimony of Dr. DesLauriers and the arguments of counsel, the district court issued a journal entry in which it found, in part:
The district court also found there was no allegation or showing of any deliberate indifference by any member of the mental health team or treatment team of the SPTP. In addition, the district court found no allegation that would "shock the conscience" of a reasonable person. Pointing to the State's wide range of latitude in determining and developing an appropriate treatment program, the district court found no allegation or evidence of unconstitutional treatment. Accordingly, the district court granted the State's motion to dismiss the Petitioners' request for relief under K.S.A. 60-1501.
Johnson and Collins now bring a timely appeal and argue the district court erred in dismissing their K.S.A. 60-1501 petition rather than permitting a full evidentiary hearing. The appeal was transferred to this court. See K.S.A. 60-2101(b); K.S.A. 20-3018(b).
K.S.A. 60-1501 allows "any person" confined in...
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