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Home / Opinion Digests / Criminal Law / Court Sets Standard for Civil Detainee Motion (access required)

Court Sets Standard for Civil Detainee Motion (access required)

A motion for a discharge hearing filed by a pedophile civilly detained under the Adam Walsh Act must be assessed under the same standard as a civil complaint judged under Fed. R. Civ. 12(b)(6): does the motion contain sufficient factual matter, accepted as true, to state a plausible claim for discharge; under this standard, the ...