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Constitutional Law Keyed to Choper
Vitek v. Jones
Citation:
445 U.S. 480 (1980)Facts
Larry Jones was convicted of robbery in 1974 and sentenced to 3-9 years in Nebraska state prison. In January 1975, he was transferred to the penitentiary hospital, where he set his mattress on fire and severely burned himself. Based on findings that he suffered from a mental illness that could not be properly treated in the penal complex, he was transferred to the security unit of the Lincoln Regional Center, a state mental hospital. This transfer occurred pursuant to Nebraska Revised Statute § 83-180, which authorized such transfers when a designated physician or psychologist found that a prisoner suffered from a mental disease or defect and could not receive proper treatment in the prison facility. Jones challenged his transfer, arguing that it deprived him of liberty without due process of law. While the case was pending, Jones was paroled on condition that he accept psychiatric treatment, but later violated his parole and was reincarcerated. The state maintained that Jones’ history of mental illness indicated he remained a serious threat to himself and others.
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