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9th Circuit: Class-action by Civilly Committed Sexually Violent Predators May Proceed on Claims for Declaratory and Injunctive Relief
Loaded on Jan. 15, 2013
published in Prison Legal News
January, 2013, page 48
Following remand from the U.S. Supreme Court, the Ninth Circuit reversed in part its previous published ruling, Hydrick v. Hunter, 500 F.3d 978 (9th Cir. 2007) [PLN, April 2007, p.34], which had held that the administrators of Atascadero State Hospital, the defendants in a class-action lawsuit initiated by people civilly …
Filed under:
Discrimination,
Sex Offenders (Discrimination),
Qualified Immunity,
Supervisory Liability,
Civil Commitment.
Location:
California.
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More from this issue:
- Forms of Judicial Deference in Prison Law, by Sharon Dolovich
- Louisiana Public Service Commission Votes to Lower Prison and Jail Phone Rates, by Mel Motel
- From the Editor, by Paul Wright
- FBI Reports Drop in Violent Crime; DOJ Reports Increase
- Venezuelan TV Station Fined $2.16 Million for Prison Reporting, by Matthew Clarke
- Dramatic Increase in Percentage of Criminal Cases Being Plea Bargained, by Matthew Clarke
- Pennsylvania: Former BOP Warden Pleads Guilty to Cover-up
- Despite Budget Crunch, Texas Rarely Grants Medical Paroles, by Matthew Clarke
- Iraqi Prison Breaks Likely Inside Jobs
- Contraband Smuggling a Problem at Prisons and Jails Nationwide, by Matthew Clarke
- NH Corrections Officer, Suspended After Fight, Obtains Back Pay Plus $250,000 in Damages and Attorney Fees
- California Lawsuit Challenges Voting Prohibition on County-level Offenders
- Louisiana Sex Offender Internet Restrictions Unconstitutional
- Law Enforcement Forfeiture Corruption Scandal in Michigan Includes Police Chief
- Massachusetts Prisoners Receive Refunds for Illegal Fees Imposed by Sheriff
- Obama Pardons Two Turkeys, No Prisoners in 2012, by Derek Gilna
- Scientific Advances in Arson Investigations Reveal Wrongful Convictions, by Michael Rigby
- Georgia Judge Removed from Bench for Misconduct, Files Lawsuit Claiming Conspiracy
- Virginia Considers Privatizing State’s Civil Commitment Center, by Joe Watson
- New Mexico Slaps Private Prison Companies with $1.4 Million in Fines
- States Seek Federal Medicaid Reimbursements to Offset Prison Medical Costs
- Oregon-Washington Prison Employee Logs 19-Hour Days
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- Tenth Circuit Cites PLN Case in Denying Oklahoma Newspaper’s FOIA Request
- California and Oregon Prison Guards Fire Shots to Break up Fights
- North Carolina Governor Pardons Wilmington 10
- Cook County, Illinois Lowers Jail Phone Rates, by Mel Motel
- California: Del Norte County DA Described as “Idiotic”
- 9th Circuit: Class-action by Civilly Committed Sexually Violent Predators May Proceed on Claims for Declaratory and Injunctive Relief
- First Circuit: RLUIPA Does Not Provide Relief from Transfer to Remote Prison where Opportunities for Religious Exercise are Limited
- News in Brief
More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.
- Shadow Prisons: How Civil Commitment Leads to Longer Confinement, Jan. 1, 2026. Sex Offender Treatment, Involuntary Treatment/Drugging, Civil Commitment, Sexually Dangerous Persons/Sexual Violent Predators, Sex Offense Registration Act (SORNA).

