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A Reference to Constitutionally Protected Activity by an SVP in Treatment Not Enough to Show Retaliation  


Author:  Fred Cohen.


Source: Volume 19, Number 03, September/October 2017 , pp.42-42(1)




Correctional Mental Health Report

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Abstract: 

In Oliver v. Roquet, 858 F.3d 180 (3d Cir. 2017) Oliver claimed that psychologist Roquet of the STU unconstitutionally impeded his progress through the treatment program by referring in a progress report that Oliver was constantly writing for other people, that he is highly legalistic, and this focus may be counter-therapeutic for him. In a decision by the 3rd Circuit that should be quite useful to mental health practitioners working in correctional settings preparing a report for parole, transfer, or alteration in custody, the court ruled that a clinician may include a consideration of First Amendment activity so long as it is illustrative of diagnostically relevant material.

Keywords: Oliver v. Roquet

Affiliations:  1: Editor.

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