Page
Page v. Torrey
Opinion
Lead Opinion
MEMORANDUM **
Sammy L. Page, confined to Atascadero State Hospital under a civil commitment order, appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging hospital officials denied him his constitutional right to shave his head and retaliated against him for filing grievances. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo dismissals pursuant to 28 U.S.C. § 1915 (e)(2)(B). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm in part, and vacate and remand in part.
The district court properly dismissed Page’s claims for monetary damages against hospital officials sued in their official capacities because these claims are barred by the Eleventh Amendment. See Doe v. Lawrence Livermore Nat’l Lab., 131 F.3d 836 , 839 (9th Cir.1997).
Because there is no clearly established law on grooming regulations for persons civilly committed to state hospitals, the district court properly dismissed Page’s claims against hospital officials, in their individual capacities, on qualified immunity grounds. See Allen v. Sakai 48 F.3d 1082, 1087 (9th Cir.1994).