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Pew v. Sullivan

Court of Appeals of Kansas

March 28, 2014

FLOYD W. PEW, JR., et al., Appellants,
v.
SHAWN SULLIVAN, Kansas Department for Aging and Disability Services, et al., Appellees

Appeal from Pawnee District Court; BRUCE T. GATTERMAN, judge.

Reversed and remanded with instructions.

SYLLABUS

1. To state a claim for relief in a petition for a writ of habeas corpus under K.S.A. 60-1501, a petition must allege shocking and intolerable conduct or a continuing mistreatment of a constitutional stature.

2. An appellate court reviews a summary dismissal de novo.

3. Involuntary patients of the Kansas Sexual Predator Treatment Program have the right to receive mail pursuant to K.S.A. 2013 Supp. 59-29a22(b)(15) and the right to spend their money as they choose pursuant to K.S.A. 2013 Supp. 59-29a22(b)(22).

4. Under K.S.A. 2013 Supp. 59-29a22(c) a patient's rights guaranteed under subsections (b)(15) to (b)(21) may be denied for cause.

5. The right of involuntary patients to receive mail may be limited for cause after review, pursuant to K.S.A. 2013 Supp. 59-29a22(c). The Kansas Sexual Predator Treatment Program must establish cause for limiting the involuntary patients' right to receive mail through a due process hearing.

6. The right of involuntary patients to spend their money as they choose is protected by K.S.A. 2013 Supp. 59-29a22(b)(22) and the Fourteenth Amendment to the United States Constitution. The right to spend money may not be denied without due process.

Floyd W. Pew, Jr., et al., appellants, Pro se.

Corrine E. Johnson, litigation counsel, of Kansas Department for Aging and Disability Services, for appellees.

Before SCHROEDER, P.J., LEBEN, J., and HEBERT, S.J.

OPINION

Page 497

Schroeder, J.:

[50 Kan.App.2d 107] Floyd W. Pew and 66 other members of the Kansas Sexual Predator Treatment Program (collectively referred to as Residents) appeal the district court's summary dismissal of their writ of habeas corpus challenging the program's decision to restrict their right to purchase consumable items to only three vendors. Management of the Kansas Sexual Predator Treatment Program has failed to show its restricted vendor policy has a treatment or security-related basis. We therefore remand for the appointment of counsel and for further proceedings consistent with this opinion.

Facts

Petitions for Writ of Habeas Corpus

Originally, Pew and 96 named petitioners filed identical individual petitions for a writ of habeas corpus; these were consolidated into one case for resolution before the district court. Residents filed their habeas corpus petitions against the Kansas Secretary of Social and Rehabilitation Services and others involved in the ...


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