George Allen v. Stephen Mayberg

I. Background

Appellants are sexually violent predators (SVPs) civilly committed to

Coalinga State Hospital (“CSH”) under California’s Sexually Violent Predator

Act.1 See Cal. Welf. & Inst. Code. § 6600 et seq.

Prior to 2009, CSH allowed patients to possess personal computers, but

prohibited hardware, accessories, software, or other media that allowed

1 An SVP is an individual previously “convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior.” Cal. Welf. & Inst. Code. § 6600(a)(1). communication with other individuals by computer or electronic device via any

form of wired or wireless capability. The policy also prohibited games, movies, or

electronic images that depicted overt sexual acts or violence with adults and

children. CSH instituted a similar policy in October 2006 for all electronic

devices. In October 2009, however, the California Department of Mental Health

promulgated a regulation banning patient use of personal computers and electronic

devices with…