Thielman v. Leean.

• Position: Violation of United States Constitution. 14th Amendment - Brief Article

U.S. Appeals Court

TRANSPORTATION

RESTRAINTS

Thielman v. Leean, 282 F.3d 478 (7th Cir. 2002). An inmate housed in a medium-security treatment facility for sexually violent persons brought a [section] 1983 action seeking declaratory and injunctive relief, alleging that the facility's inmate transport policy violated his rights to procedural due process and equal protection under the Fourteenth Amendment. The district court dismissed the case and the inmate appealed. The appeals court affirmed, finding that the inmate had no state-created liberty interest in being free from restraint during transportation, even if the state's statutes gave the inmate a right to the least restrictive conditions of confinement during transport. According to the court, subjecting sexually violent persons to full restraints during transport to and...