Sharp

Appellants are the superintendent and clinical director of Washington’s Special Commitment Center (“SCC”) for persons civilly committed as sexually violent predators. The SCC operates on the theory, recently approved by the Supreme Court, 1 that such facilities provide treatment, not punishment, for offenders who have completed their criminal sentences. The appellants seek review of a district court order which denies their request to lift an earlier injunction and details additional steps which need to be taken to provide SCC residents with constitutionally adequate mental health treatment. Appellants contend the district court failed to properly defer to the judgment of qualified mental health professionals and that the scope of the modified order exceeds the court’s authority. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1), and we affirm.

I.

SCC resident Richard Turay initially brought this action, claiming the conditions of his confinement violated his civil rights. A trial was held in 1994, and the jury found that SCC was not providing Turay and other residents constitutionally adequate mental health treatment. Turay received nominal damages and Judge Dwyer issued…