Thompson v. Smith
2:24-cv-00378
| E.D. Va. | Jun 16, 2025Background
- Lawrence E. Thompson, Jr. was convicted of rape in 1993 and served a prison sentence, after which he was civilly committed as a sexually violent predator (SVP) in 2018 by a Virginia circuit court.
- Virginia law requires annual court reviews of civil commitments, but Thompson alleges he did not receive such a review for four years (2020-2024).
- Thompson filed a federal habeas corpus petition under 28 U.S.C. § 2241 in May 2024, requesting immediate release and removal of his SVP label due to the missed reviews.
- After Thompson’s federal filing, the delayed state court annual review was held on May 28, 2024, finding again that he remained an SVP requiring secure, inpatient treatment.
- Respondent moved to dismiss the petition as moot, arguing procedural deficiencies including failure to exhaust state remedies, while Thompson argued due process violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to Hold Annual Reviews | Detention is unconstitutional due to missed annual review. | Delay excusable; annual review conducted before court ruled. | Court acknowledged concern but noted review occurred. |
| Due Process Violation from Missed Hearings | Four-year delay violated due process and merits release. | Petition is moot as review was conducted; no ongoing injury. | Claims must be exhausted in state court first. |
| Jurisdiction / Exhaustion of State Remedies | Federal court should grant relief due to state failure. | Federal review not proper until state remedies exhausted. | Federal claim dismissed for lack of exhaustion. |
| Proper Statute for Claim (§2241 vs. §2254) | Proceeded under §2241 for habeas relief. | Civil commitment challenges should be under §2254. | §2254 is proper; but result (dismissal) is unchanged. |
Key Cases Cited
- Braden v. 30th Jud. Cir. Ct. of Kentucky, 410 U.S. 484 (1973) (requiring exhaustion of state remedies before a federal habeas action challenging state court detainers)
- Dickerson v. Louisiana, 816 F.2d 220 (5th Cir. 1987) (federal courts not to exercise jurisdiction where state procedures can resolve the issues)
- Thomas v. Arn, 474 U.S. 140 (1985) (failure to file objections waives appellate review)