Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Civil Commitment of Fugelseth

Court of Appeals of Minnesota

January 29, 2018

In the Matter of the Civil Commitment of: Kirk Alan Fugelseth

         Judicial Appeal Panel File No. AP13-9041 Clay County District Court File No. 14-PX-02-001341

          Lori Swanson, Attorney General, Aaron Winter, Assistant Attorney General, St. Paul, Minnesota (for appellant Commissioner of Minnesota Department of Human Services)

          William L.H. Lubov, Lubov Anderson, LLC, Golden Valley, Minnesota; and Michael C. Hager, Minneapolis, Minnesota (for respondent Kirk Alan Fugelseth)

          Brian J. Melton, Clay County Attorney, Jenny Marie Samarzja, Assistant County Attorney, Moorhead, Minnesota (for respondent Clay County)

          Considered and decided by Johnson, Presiding Judge; Ross, Judge; and Bratvold, Judge.

         SYLLABUS

         If a person who was civilly committed as a sexually dangerous person or a sexual psychopathic personality seeks a full discharge and satisfies the initial burden of production, he must be discharged unless the party opposing discharge proves by clear and convincing evidence that, first, he continues to need inpatient treatment and supervision and, second, he continues to be dangerous to the public.

          OPINION

          JOHNSON, JUDGE.

         Kirk Alan Fugelseth was civilly committed as a sexually dangerous person and a sexual psychopathic personality in 2003. Ten years later, he requested a provisional discharge from his commitment, and he later requested a full discharge. The judicial appeal panel granted his request for a full discharge. The commissioner of human services appeals. We conclude that the judicial appeal panel did not err by interpreting the applicable statute to require the commissioner to prove that Fugelseth is no longer in need of inpatient treatment and supervision. We further conclude that the judicial appeal panel did not err by finding that Fugelseth is no longer dangerous to the public. Therefore, we affirm.

         FACTS

         Fugelseth is a 50-year-old man who was determined to be a sexually dangerous person (SDP) and a sexual psychopathic personality (SPP) and was civilly committed to the Minnesota Sex Offender Program (MSOP).

         Fugelseth's status as an SDP and an SPP is based on sexual misconduct occurring approximately 20 to 30 years ago. In 1994, he pleaded guilty in Oregon to one count of second-degree sodomy and one count of third-degree sexual abuse. He admitted that, beginning in 1989, he sexually abused two pre-teen boys on multiple occasions over approximately one and one-half years. The Oregon court sentenced Fugelseth to concurrent probation terms of five years and ten years.

         In 1997, Fugelseth was found guilty in Arizona of one count of attempted felony child molestation. He admitted that, on one occasion in December 1997, he sexually molested an eight-year-old girl. The Arizona court sentenced him to 12 months of imprisonment and a lifetime term of probation.

         While Fugelseth was serving his prison term in Arizona, he was extradited to Minnesota to face criminal charges for sexual misconduct toward the same girl. In 1999, he pleaded guilty in Clay County to one count of second-degree criminal sexual conduct. He admitted that, in late 1995 or early 1996, he sexually abused the girl on multiple occasions over approximately one year. The district court sentenced him to 45 months of imprisonment.

         In 2000, Fugelseth was convicted in federal court in Minnesota of possession of child pornography. Fugelseth admitted that he downloaded and e-mailed hundreds of pornographic images. The federal district court sentenced him to 60 months of imprisonment.

         In January 2003, Clay County petitioned to civilly commit Fugelseth as an SDP and an SPP. In September 2003, the Clay County District Court granted the petition and committed Fugelseth to the custody of the commissioner of human services for an indeterminate period of time. Since his commitment, Fugelseth has been in MSOP at either the Moose Lake location or the St. Peter location. In the summer of 2010, Fugelseth was transferred to the Community Preparation Services (CPS) program, which is in a non-secure facility at MSOP's St. Peter location.

         In January 2013, Fugelseth petitioned the special review board for a provisional discharge. In October 2013, during a hearing before the special review board, Fugelseth amended his petition to request a full discharge or a provisional discharge. In November 2016, the special review board recommended ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.