Montgomery v. United States (2018)
The 2018 decision in Montgomery v. United States reversed the government's attempt to commit Kevin Montgomery civilly under the Adam Walsh Act. The court determined the prosecution failed to establish Montgomery's status as sexually dangerous. Central to the ruling was the court's finding that Montgomery's cocaine use disorder did not meet the legal threshold of a "serious" mental illness, a necessary condition for civil commitment under the Act.
Montgomery v. Werholtz (2018)
The Tenth Circuit Court of Appeals' 2018 decision in Montgomery v. Werholtz reversed the district court's order for civil commitment under the Adam Walsh Act. The appellate court found the government failed to meet its burden of proof in establishing that Montgomery presented a sexually dangerous threat to the community. Specifically, the court determined that Montgomery's cocaine use disorder did not qualify as a "serious mental illness" under the Act, a necessary element for justifying involuntary civil commitment.
2018 Case: Montgomery v. United States
A 2018 court case determined that the government didn't successfully demonstrate Kevin Montgomery posed a sexual threat as defined by the Adam Walsh Act. The judge decided that Montgomery's cocaine addiction wasn't a severe enough mental illness to legally justify keeping him in custody for an extended period.
Summary
In 2018, a court case found that the government couldn't show Kevin Montgomery was a danger to others because of sexual behavior. The judge said his problem with cocaine wasn't a serious enough mental illness to keep him locked up.