John Bagent v. Richard Pierce

MEMORANDUM

John Bagent, a civilly committed sexually violent predator, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging, inter alia, that defendant Transcor America, LLC violated his procedural and substantive due process rights while transporting him from a jail to a state hospital by failing to segregate him from criminally committed passengers and for otherwise mistreating him. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the decision to grant summary judgment. Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004). We affirm.

Bagent’s arguments relating to California Penal Code sections 1610 and 4002 are unavailing because those sections address confinement in a “room,” “housing” or “facility” (defined to include “a state hospital, a local treatment facility, a county jail, or any other appropriate facility”), and are therefore inapplicable to Bagent’s brief time spent in a Transcor bus. Conn. Nat’l Bank v. Germain, 503 U.S. 249, 253-54 , 112 S.Ct. 1146 , 117 L.Ed.2d 391 (1992); Wilkin v. United States, 809 F.2d 1400, 1401 (9th Cir.1987).

With respect to his procedural due process claims, Bagent fails to…