Hince v. O'Keefe

OPINION Appellants are individuals civilly committed to the Minnesota Sex Offender Program (Sex Offender Program). Appellants commenced a declaratory judgment action seeking a determination that the Commissioner of the Department of Human Services is required to establish a review board for the Sex Offender Program treatment facilities under Minn. Stat. § 253B.22, subd. 1 (2000). In their complaint, appellants assert that they should be treated like mentally ill and dangerous patients with respect to the establishment of a review board. They also assert constitutional violations stemming from the denial of a review board. The Ramsey County District Court dismissed appellants' action for failure to state a claim upon which relief may be granted. The Minnesota Court of Appeals affirmed the dismissal. We reverse.