Hemela

(PC) Townsend v. Hemela

Good Law
United States District Court, Eastern District of CaliforniaMarch 3, 20201:19-cv-01054California1,975 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 REBIO RONNIE TOWNSEND, Case No. 1:19-cv-01054-NONE-BAM (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS IN PART,

v. DISMISSING CERTAIN CLAIMS, AND

ALLOWING ONE CLAIM TO PROCEED

HEMELA, et al., (ECF No. 10) Defendants. 16 Plaintiff Rebio Ronnie Townsend (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis in this civil rights action brought under 42 U.S.C. § 1983. (Doc. No. 1.) Plaintiff is being detained pursuant to California’s Mentally Disordered Offender (MDO) law, California Penal Code §§ 2970, et seq. Individuals detained under the MDO law are considered civil detainees, rather than prisoners within the meaning of the Prisoner Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). This matter was referred to a United States

Under the MDO law, a state prisoner who is about to be released may be found to represent a substantial danger of physical harm to…

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