Lawtis Rhoden v. Stephen Mayberg

MEMORANDUM

Lawtis Donald Rhoden appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that the defendants have impermissibly detained him pending proceedings to determine whether he should be civilly committed under California’s Sexually Violent Predator Act (“SVPA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the dismissal under 28 U.S.C. § 1915 (e). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm in part, vacate in part, and remand.

The district court properly dismissed Rhoden’s claims for declaratory and injunctive relief so as not to interfere with ongoing state proceedings. See Gilbertson v. Albright, 381 F.3d 965, 975 (9th Cir.2004) (en banc). These state civil commitment proceedings are judicial in nature, implicate important state interests, and afford Rhoden an adequate opportunity to litigate his federal claims. See id. (outlining circumstances under which abstention under Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), is appropriate).

However, Rhoden’s claims for money damages should have been stayed until the state court proceedings are completed. See…