SHARP v. WESTON

Nos. 99-35015, 99-35202.

233 F.3d 1166 (2000)

Jerry R. SHARP; Curtis Beard, aka Tony Wilson; Elmer Campbell; Joel Scott Reimer; Ronald L. Petersen; Joseph Aqui; Gilberto Soliz; Herman R. Paschke; Richard G. Turay; John F. Hall; Paul Begay; Randy Pedersen; Anthony Gallegos; Dennis Pryor; Rolando T. Aguilar; Samuel William Donaghe, Plaintiffs-Appellees, v. David B. WESTON; William Dehmer; John Anderson-Taylor; Norm Nelson; Kim Vandoren; Jack Sowers; John Rush; Crystal Dixon; Brenda Nelson; John Linard; Al Nerio; Peter Helsel; Scott Neil; John Doe; Jane Lanning; Jean Soliz, Director of Department of Social and Health Services; Mark J. Seling, PhD; Robert Smith, PhD, Defendants-Appellants. Richard Garrett Turay, Plaintiff-Appellee, v. David Special Commitment Center; Mark Seling; Dr. John Taylor-Anderson, individually and in his marital community and in his official capacity at the Special Commitment Center at Monroe, WA; Norm Nelson, individually and in his marital community and in his official capacity at the Special Commitment Center at Monroe, WA; William Dehmer; Joan Kirchoff; Karen Sullivan; Scott Neil; Peter Hazel, each in their individual capacity and in their official capacity as employees of the Department of Social and Health Services; Richard Bosse, in his individual capacity as an employee of the Department of Corrections; Steve Wahl; Andre Simon, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 2000.


Attorney(s) appearing for the Case

Sarah J. Coats (argued), Assistant Attorney General, Olympia, Washington, for the defendants-appellants.

John W. Phillips and Felix G. Luna, Heller, Ehrman, White & McAuliffe, Seattle, Washington, for plaintiffs-appellees Jerry R. Sharp, et al.

Karen F. Jones (argued), Graham & James/Riddell Williams, Seattle, Washington, for plaintiffs-appellees Richard G. Turay, et al.

Ronald L. Petersen and Jayzack J.S. White Crow-Reimer (Joel S. Reimer), Pro Se plaintiffs.

Before: MARY M. SCHROEDER, ROBERT R. BEEZER, and MICHAEL DALY HAWKINS, Circuit Judges.


Argued and Submitted September 13, 2000 — Seattle, Washington

MICHAEL DALY HAWKINS, Circuit Judge:

Appellants are the superintendent and clinical director of Washington's Special Commitment Center ("SCC") for persons civilly committed as sexually violent predators. The SCC operates on the theory, recently approved by the Supreme Court,1 that such facilities provide treatment, not punishment, for offenders who have completed...

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