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Abstract: 

This article analyzes the issues in Matherly v. Andrews, a complaint against the federal Bureau of Prisons (BOP) about plaintiff’s treatment at a federal corrections facility exclusively for sex offenders in Butner, NC, arguing that BOP policies and practices as applied amounted to punishment and that pretrial detainees, prehearing civil committees, as well as those committed may not be punished under the Constitution, specifically the Fifth Amendment’s Due Process Clause and the First Amendment. Expert witness testimony in the trial highlighted important areas ripe for improvement in the current framework of civil commitment laws.

Keywords: Matherly v. Andrews, 859 F.3d 264 (4th Cir. 2017); Strip Searches; Prisoner Mail Policy; Civil Commitment of Detainees

Affiliations:  1: Sex Offender Law Report.