Thompson

MEMORANDUM **

Curtis S. Thompson, a Washington state prisoner, appeals from the district court’s judgment in his 42 U.S.C. § 1983 action alleging that his constitutional rights were violated when he was referred to civil commitment proceedings under the Washington Community Protection Act (“the Act”), and his personal information was released *683 to the public. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under the screening provisions of 28 U.S.C. § 1915 (e)(2)(B)(ii), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order), and we affirm.

Thompson failed to state a federal claim against defendants Werner and Paulsen because they were acting in their capacity as Thompson’s attorneys at the time they allegedly violated his constitutional rights. See Polk County v. Dodson, 454 U.S. 312, 325 , 102 S.Ct. 445 , 70 L.Ed.2d 509 (1981) (“a public defender does not act under color of state law when performing a lawyer’s traditional functions as counsel to a defendant in a criminal proceeding”).

To the extent Thompson challenges the validity of his civil commitment proceedings under the Act, and…