Bradley Wayne Foster v. Lucinda Jesson, Commissioner of Human Services
2014 Minn. App. LEXIS 110
Minn. Ct. App.2014Background
- Foster was committed as a sexual psychopathic personality and sexually dangerous person on March 14, 2007.
- In January 2013, Foster petitioned for discharge or transfer to CPS (community preparation services).
- A February 12, 2013 hearing before the special review board denied the petition.
- Foster sought rehearing/reconsideration by the judicial appeal panel under Minn. Stat. § 253D.28 (Supp. 2013).
- The judicial appeal panel's first-phase hearing on January 31, 2014 featured Dr. Paul Reitman’s testimony; he shifted from supporting transfer to needing a full-disclosure polygraph before any recommendation.
- After Dr. Reitman’s testimony, the commissioner moved to dismiss the petition under Minn. R. Civ. P. 41.02(b); the panel granted the motion to dismiss, finding no preponderance of evidence for transfer and no discharge evidence; Foster challenges both dismissals on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the transfer petition properly dismissed for lack of preponderance? | Foster argues Reitman’s testimony supported transfer. | Commissioner argues the panel properly applied statutory factors and Rule 41.02(b) to dismiss. | No reversible error; panel’s transfer dismissal affirmed. |
| Did Foster meet the burden to discharge, requiring a prima facie case? | Foster asserts discharge evidence was sufficient. | Commissioner contends there was no competent discharge evidence. | No; discharge petition properly dismissed de novo. |
Key Cases Cited
- Coker v. Jesson, 831 N.W.2d 483 (Minn. 2013) (rule 41.02(b) discharge dismissals require light viewed in plaintiff-friendly way; credibility not weighed on discharge)
- Bollenbach v. State ex rel. Burnquist, 241 Minn. 103, 63 N.W.2d 278 (Minn. 1954) (standard for review of fact findings in post-commitment petitions)
- Larson v. Jesson, 847 N.W.2d 531 (Minn. App. 2014) (de novo review of rule 41.02(b) discharge dismissals)
- Coker v. Ludeman, 775 N.W.2d 660 (Minn. App. 2009) (burden of production for discharge petitions; later transfer standards)
- Piotter v. Steffen, 490 N.W.2d 915 (Minn. App. 1992) (statutory transfer factors guidance)
- Rydberg v. Goodno, 689 N.W.2d 310 (Minn. App. 2004) (review of findings when evaluating transfer petitions)
- Linder v. Comm’r of Human Servs., 394 N.W.2d 824 (Minn. App. 1986) (preponderance standard historically applied to transfer requests)