United States Ninth Circuit

In an action brought by a class of civilly committed persons and those awaiting commitment at a state hospital pursuant to California's Sexually Violent Predators Act alleging that the conditions of their confinement violate their constitutional rights, denial of defendants' motion to dismiss based on qualified immunity is reversed in part where defendants have qualified immunity from suit on plaintiffs' Ex Post Facto, Double Jeopardy, Procedural Due Process, and Eighth Amendment claims.

Appellate Information

• Argued 04/05/2005
• Decided 08/30/2007
• Published 08/30/2007

Judges

• Before:  MARY M. SCHROEDER, Chief Judge, HARRY PREGERSON and STEPHEN S. TROTT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Randall R. Murphy, Deputy Attorney General, Los Angeles, CA, for the defendants-appellants., Kathryn M. Davis, Latham & Watkins, Los Angeles, CA, for the plaintiffs-appellees.