Clendenin
(PC) Hester v. Clendenin
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM HESTER, Case No. 1:20-cv-01569-NONE-BAM (PC) Plaintiff, ORDER VACATING NOVEMBER 5, 2021,
HEARING ON DEFENDANT’S MOTION TO
v. DISMISS CLENDENIN, et al., (ECF No. 18) Defendants. 16 Plaintiff William Hester (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). This action proceeds on Plaintiff’s first amended complaint for substantive due process and First Amendment claims against Defendant Stephanie Clendenin, in her official capacity, with respect to the policy adopted in California Code of Regulations, Title 9, § 4350 precluding patients committed to California State Hospitals from…