Manse Sullivan v. Pam Ahlin

MEMORANDUM

California civil detainee Manse Sullivan appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action challenging his civil confinement as a sexually violent predator under California’s Sexually Violent Predators Act (“SVPA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915 (e)(2)(B)(ii). Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir.2005). We affirm.

The district court properly dismissed Sullivan’s action because Sullivan failed to allege facts sufficient to show that the SVPA’s post-commitment procedures deprived him of due process. See Portman v. County of Santa Clara, 995 F.2d 898, 904 (9th Cir.1993) (elements of a § 1983 procedural due process claim); see also Cal. Welf: & Inst.Code § 6608(a) (“A person who has been committed as a sexually violent predator shall be permitted to petition the court for conditional release with or without the recommendation or concurrence of the Director of State Hospitals.”); Kansas v. Hendricks, 521 U.S. 346, 356-57 , 117 S.Ct. 2072 , 138 L.Ed.2d 501 (1997) (rejecting due process challenge in sexually violent predator…