U.S. Appeals Court: SEX OFFENDER.

• Position: Brief Article

Lile v. McKune, 224 F.3d 1175 (10th Cir. 2000). A state prisoner brought [sections] 1983 claims against prison officials alleging that a sexual abuse treatment program and corresponding regulations and policies violated his Fourth Amendment right to privacy and bodily integrity and his Fifth Amendment right against self-incrimination. The district court granted summary judgment for the inmate on the Fifth Amendment claim but ruled in the officials' favor on the Fourth Amendment claim. The appeals court affirmed in part and vacated and remanded in part. The appeals court held that the state violated the inmate's Fifth Amendment privilege against self-incrimination when it required him to choose between admitting incriminating information as part of a program or suffering transfer and the loss of privileges. By refusing to disclose his sexual...