Student argues before Court of Appeals

October 15, 2012

Will Witherspoon, a fourth-year student at Seattle University School of Law, argued before the Ninth Circuit Court of Appeals, challenging policies at the Special Commitment Center on McNeil Island that require residents to be strip searched and shackled during transport to off-island medical appointments.

Will WitherspoonWitherspoon's argument in Hoisington v. Williams was Oct. 10, under the supervision of Korematsu Center Clinical Teaching Fellow Anjana Malhotra and Korematsu Center Executive Director Bob Chang. He argued that the visual body cavity searches and shackling of civilly-committed detainees constitute punitive conditions of confinement and unreasonable searches and seizures where residents are under constant armed guard during transport and other, less intrusive alternatives are available at the facility. 

The judges were impressed, with Judge Milan Smith congratulating Witherspoon on his advocacy and comparing him to the attorneys he hears.

"He did a fantastic job," Chang said. "Will's great performance is a credit to the superb legal education he received at our law school and to the tremendous help he received from so many of our colleagues and members of the practicing bar who took the time to moot him over the last two months."

Witherspoon started work on this case with Elise Fandrich and other students in the law school's Civil Rights Amicus Clinic last spring and was supported in his preparation by faculty, members of the practicing bar, and Student Fellows of the Fred T. Korematsu Center for Law and Equality.

Malhotra, who teaches the law school's Civil Rights Amicus Clinic, contacted the Ninth Circuit regarding cases that students might handle last spring. Given the civil rights focus of the clinic and the pressing need to provide legal assistance to pro se clients in Washington, she and Chang agreed this was an excellent case for them.

"This case is significant because, in it, we argue that there are limits on the way that the state can treat individuals held in indefinite civil detention," she said. "Because Monte Hoisington has already served his sentence and is civilly detained, he has greater constitutional rights than prisoners."

Witherspoon is grateful for the opportunity and the support from law school, faculty and the attorneys who helped him.

"Through their questioning, testing, and brainstorming of the arguments, I've learned what it takes to fully prepare," he said. "I'm inspired by the passion for justice that these attorneys bring to their work and am encouraged that I made the right choice to attend SU Law and to someday work alongside such dedicated professionals."

Hear his argument.