Andre Brigham Young v. David Weston, Superintendent of the Special Commitment Center State of Washington

Petitioner Andre Young filed a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging Washington State’s Community Protection Act of 1990 (“Act”). The Act authorizes the civil commitment of “sexually violent predators,” persons who suffer from a mental abnormality or personality disorder that makes them likely to engage in predatory acts of sexual violence. Wash. Rev.Code § 71.09.010 (1990). Young has been confined as a sexually violent predator at the Special Commitment Center (“SCC”) since 1991. In this appeal Young contends that the district court erred in denying his double jeopardy and ex post facto claims without considering, in the “first instance” the actual manner in which the Act has been implemented at the SCC, and further erred in denying his substantive due process claim without considering in the “first instance,” the actual manner in which the Act is implemented.

We have jurisdiction pursuant to 28 U.S.C. § 2253 and we AFFIRM the district court’s denial of Young’s double jeopardy, ex post facto and substantive due process claims.

I.

Procedural Background

In 1994, Young filed a writ of habeas corpus pursuant to 28 U.S.C. § 2254 against the SCC,…