Hydrick

Hydrick v. Demorales

Good Law
449 F.3d 978
United States Court of Appeals for the Ninth CircuitMay 31, 200603-56712California26,120 words

Opinion

Lead Opinion

Pregerson, J.

Plaintiffs-Appellees represent a class of approximately 600 civilly committed persons and those awaiting commitment at Atascadero State Hospital pursuant to California’s Sexually Violent Predators Act (“SVP Act”). In this suit, Plaintiffs allege that the conditions of their confinement violate their constitutional rights. They request declaratory and injunctive relief, as well as monetary damages. Defendants filed a motion to dismiss based largely on qualified immunity, but their motion was summarily denied by the district court. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, and reverse in part.

FACTUAL BACKGROUND

1. California’s Sexually Violent Predators Scheme

The SVP Act defines an SVP as a person “convicted of a sexually violent offense against two or more victims for which he or she received a determinate sentence and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others” i.e., is “likely [to] engage in sexually violent criminal behavior.” See Cal. Welf. & Inst.Code § 6600(a). 2 At least six months before a person who has committed the predicate offenses is to complete his sentence, he is evaluated…

Concurrence in Part

Trott, J.

concurring in part and dissenting in part:

My disagreement with my colleagues is limited to one issue. We agree that plaintiffs cannot seek damages in this lawsuit against state officials in their official capacities, and that plaintiffs cannot seek damages from the State either. So, what is left where the officials are concerned? A lawsuit against them for acts and omissions alleged to have been taken in the discharge of their official duties, but as individuals, not officials. It is here that I part company.

On this record, and under these circumstances, I conclude, with all respect to my colleagues, that these officials as individuals are clearly entitled to qualified immuni *1005 ty against both suit and damages — now, not later. In my view, the particulars and the contours of the alleged constitutional rights upon which the plaintiffs rely were not so clearly established at the times under scrutiny and at the level of specificity required such that a reasonable official hired by the state to cope with lawfully confined sexually violent predators subject to remedial treatment would have been aware that the conduct alleged violated constitutional bounds. Given the unsettled…

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES ALLEN HYDRICK; DAVID 

LANPHERE; SHAUNDALE GRIFFIN;

FRANK CISNEROS; PAUL PEDERSON;

STEVEN ROBERT CERNIGLIA; GARY

PRICE; DANIEL MROWICI; KENNETH

CIANCIO; MICHAEL MCCLURE; JAMES

MATA; RICHARD BISHOP; MELVIN

FIELDS; RON LEE; LEONARD PIERRE;

THOMAS PRICE; JIMMY GUTHRIE;

BRIAN KELLY; WOODROW JONES; No. 03-56712

VASHON JACKSON; BRUCE RILEY;

FRED SCOTT; DEAN DANFORTH;  D.C. No.

CV-98-07167-TJH

SAMMY PAGE; JAMES PETERS;

GRAYLING MITCHELL; CARLOS OPINION

SAUCEDO; ANTHONY DACAYONA;

CHARLES SALAS, et al., Plaintiffs-Appellees, v. MELVIN E. HUNTER, aka/Jon DeMorales; CRAIG NELSON;

GRENDA ERNST,

Defendants-Appellants, 

5921 5922 HYDRICK v. HUNTER

and 

ROBERT MCDANIEL; JERRY

REYNOLDS; ROBERT PENATE;

SAMUEL ROBINSON; MARK

MAHHONEY; STEPHEN MAYBERG;

ANITA JUDD; MICHAEL HUGHES; JIM

VESS; JACK TOWNSEND; MARK

PALMER; ROCKY SPURGEON; ARNIE

GOBBELL; JIM WILEY; MARK

KALIONZES; ELAINE SHERRILL; GLAN

MIKEL; JAN MAIRE ALARCON;

BARUCH MARGALIT; WILLIAM

KNOWLTON; DIANE IMRAM; CARMEL

MULLER; DALE…

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