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Court: Purgatory Cannot Be Worse Than Hell

Oscar Jones is a sex offender who completed his criminal sentence but is being held pending a decision on whether California can continue to hold him as a sexually violent predator under California's civil commitment laws. He filed suit to challenge the conditions of his confinement. The 9th Circuit ruled this week Jones can bring his lawsuit. In so ruling, the Court noted, "Purgatory cannot be worse than hell."

With his hearing pending, Jones charged, among other things, that he was strip-searched unreasonably, blocked from practicing his religion and denied access to the courts. The case was tossed in September 2002 on the grounds Jones was late in filing his lawsuit.

In its ruling Monday, a three-judge panel of the 9th U.S. Circuit Court of Appeals found that a "civil detainee" such as Jones who exhibits a good-faith pursuit of his claims, as a matter of fundamental practicality and fairness, isn't barred by the statute of limitations.

Ordering the matter back to federal court in Sacramento, the appellate panel cited previous case law as holding that civil detainees such as Jones could not be subjected to jail conditions that are worse than anything they would face if they were committed to an institution.

"Or, to put it more colorfully," the appellate court said, "purgatory cannot be worse than hell."

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    Re: Court: Purgatory Cannot Be Worse Than Hell (none / 0) (#2)
    by Talkleft Visitor on Sat Jan 01, 2005 at 11:38:48 AM EST
    bad news, Steel Turman. Sex offenders and child molestors (whatever those terms might mean to you) are entitled to the same rights as jaywalkers. It's the basis of our civil rights. It's called the bill of rights. It's backed by a long struggle of common people to have justice. It goes back to the Battle of Hastings and beyond. These battles and rights allow you to post and display your stupidity right here for all to see. The least among us is entitled to these rights. You probably think the least among us are child molesters and sex offenders. I think folks who would give away these hard-earned rights might well be the least among us. As Patrick Henry put it: I may disagree with what you say, but I will fight to the death for your right to say it. Go ahead, show your contempt and ignorance of the rights that patriots have provided to you.

    Re: Court: Purgatory Cannot Be Worse Than Hell (none / 0) (#3)
    by cp on Sat Jan 01, 2005 at 07:31:27 PM EST
    ca, i hate to blow your bubble, but the battle of hastings had nothing whatever to do with anyone's civil rights. it was simply the main victory in william of normandy's conquest of the british isles, period. trust me when i say that william had no interest in anyone's civil rights, especially if your name happened to be harold of hastings. if you were merely an anglo or saxon peasant, you had no rights, aside from serving william and his lords. you may be thinking of magna carta, signed in 1215, by unfortunate and particularly unloved king (formerly evil prince) john. commonly known as the younger, seamier brother of richard "honey, i'm off to the crusades, don't hold dinner for me" the lionhearted. again, this had nothing to do with rights of common men, and everything to do with the rights of the nobles v the king. had you suggested otherwise, they would probably have hung you, after they stopped laughing hysterically.