Monte Hoisington v. Robin Williams

MEMORANDUM

Monte Hoisington, a sex offender and civil detainee at Washington State’s Special Commitment Center (“SCC”), appeals the entry of summary judgment in favor of current and former state officials (collectively, the “Defendants”). The district court ruled that Defendants’ policies for transporting detainees — which included pre- and post-transport strip searches— did not violate Hoisington’s Fourth Amendment or substantive due process rights. We remand the injunctive claim for further proceedings in light of changed circumstances, but we affirm the denial of monetary relief.

1. Hoisington’s claims turned, in part, on the fact that transportation of SCC residents was conducted by officials of the Washington State Department of Corrections (“DOC”) pursuant to DOC policies that apply to prisoners. This collaboration arose, in part, because both the SCC and a DOC detention facility were located on McNeil Island off the Washington coast. Thus, Hoisington argued that he, as a civil detainee, was improperly subject to the same treatment as criminal inmates. DOC participation was also potentially relevant because SCC residents were transported on the same ferries as prisoners.…