Meyers

MEMORANDUM **

This case arises from Terry J. Meyers’s confinement in Shasta County Jail’s Administrative Segregation (Ad-Seg) unit for approximately nine months between February 2002 and December 2002. Meyers was in custody there as a civil detainee pursuant to California’s Welfare and Institution Code § 6600 — the Sexually Violent Predator Act (SVPA). 1 Meyers filed suit under 42 U.S.C. § 1983 seeking injunctive and monetary relief for violations of his constitutional rights during his confinement. The District Court ruled for defendants in two orders that Meyers now appeals: (1) the September 2006 order granting summary judgment and entering judgment for defendants on Meyers’s Fourth, Fifth, Sixth, and Fourteenth Amendment claims; 2 and (2) the September 2004 order granting the defendants’ motion to dismiss Meyers’s Equal Protection claims. For the reasons that follow, we VACATE the district court’s decisions, REMAND this matter for further proceedings, and INSTRUCT that counsel be appointed for Meyers on remand.

I.

The District Court erred by holding that Meyers waived his due process rights. Under California Penal Code § 4002(b), a person held under the sexually violent…