Hydrick

This case concerns a class action by civilly committed persons (“Plaintiffs”) confined at Atascadero State Hospital in Atascadero, California. Plaintiffs are confined at Atascadero State Hospital under California’s Sexually Violent Predator Act. See Cal. Welf. & Inst.Code § 6600 et seq. The Defendants are administrators of the hospital and various state officials who serve in a supervisory capacity.

BACKGROUND

In 2002, Plaintiffs filed their Second Amended Complaint in federal district court alleging that the conditions of their confinement violate their constitutional rights under 42 U.S.C. § 1983 . The Second Amended Complaint, in addition to requesting declaratory and injunctive relief, also sought money damages against the Defendants in their individual capacities. Before the district court, Defendants, claiming qualified immunity, moved to dismiss Plaintiffs’ claims for money damages. The district court denied that motion. Defendants then brought an interlocutory appeal under the collateral order doctrine, see Morley v. Walker, 175 F.3d 756, 759 (9th Cir.1999), challenging the district court’s order denying qualified immunity.

In 2007, we issued an opinion…