Edward Ronje v. Audrey King

MEMORANDUM

Edward Ronje, who is civilly committed in California, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action arising from his confinement under California’s Sexually Violent Predators Act (“SVPA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii). Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir. 2005). We affirm in part, vacate in part, and remand.

The district court properly dismissed Ronje’s action as barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), because success in Ronje’s action would necessarily demonstrate the invalidity of his SVPA civil commitment, and Ronje failed to allege facts sufficient to show that his commitment under the 2009 protocol had been invalidated. See Wilkinson v. Dotson, 544 U.S. 74, 80-82 , 125 S.Ct. 1242 , 161 L.Ed.2d 253 (2005) (a prisoner’s § 1983 action is barred if success “would necessarily demonstrate the invalidity of confinement or its duration[,]” unless “the conviction or sentence has already been invalidated” (citation and internal quotation marks omitted)); Huftile, 410 F.3d at 1139-41…