Gerard Matzen v. Marsha McLane, Director of the Texas Civil Commitment Office (9.29.2021)

The issues are (1) whether the appeals court erred by finding the governing board of the Texas Civil Commitment Office, the agency responsible for treatment of sexually violent predator, has rulemaking authority; (2) whether the appeals court erred by finding Matzen’s claims barred by sovereign immunity; (3) whether the appeals court erred by finding McLane’s acts within the scope of her lawful authority; (4) whether Matzen alleged a viable claim that the Civil Commitment Office’s cost-recovery efforts violate his constitutional rights to procedural due process and due course of law; and (5) whether Matzen alleged a viable claim that the Civil Commitment Office’s cost-recovery efforts unconstitutionally took his property for public use without just compensation.

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