Legal Opinion · Concurring in part, dissenting in part

United States v. Joaquin Foy

Court of Appeals for the Third Circuit

Decided October 5, 2015No. 10-4728Published

1Concurring in part, dissenting in partKrause, Circuit Judge

Joaquin Foy’s case is nothing short of Kafkaesque and cries out to be heard by some court of competent jurisdiction. Despite not having stood trial and not having been convicted of a crime, Foy has been confined in federal penal institutions continuously since 2003. For the last six of these years, Foy’s civil commitment under the Insanity Defense Reform Act of 1984 (“IDRA”), 18 U.S.C. §§ 17, 4241^7, has continued despite the fact that a panel of experts repeatedly has recommended that he be released because he poses no danger to others if released under a prescribed regimen of care, and…

2Cases cited14 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
  3. Addington v. TexasSupreme Court of the United States · 1979
  4. Foucha v. LouisianaSupreme Court of the United States · 1992
  5. Andre L. Phillips v. Richard P. Seiter, Glenn Watson v. Jeffrey J. ClarkCourt of Appeals for the Seventh Circuit · 1999

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