CUNNINGHAM v. DAVID SPECIAL COMMITMENT CENTER

No. 97-35494, 97-35618.

158 F.3d 1035 (1998)

Vance R. CUNNINGHAM, Plaintiff, and Richard Garrett Turay, Plaintiff-Appellee, and Laura McCollum, Plaintiff/Intervenor-Appellee, v. DAVID SPECIAL COMMITMENT CENTER, 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 his official capacity at the Special Commitment Center at Monroe, WA; William Dehmer; Joan Kirchoff; Karen Sullivan; Scott Neil; Pete 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 and in his official capacity as an employee of the Department of Corrections; Steve Wahl; Andre Simon; Mark Seling, Dr., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 20, 1998.


Attorney(s) appearing for the Case

Sarah J. Coats, Assistant Attorney General, Olympia, WA, for defendants-appellants.

Judith M. Mandel, Ronald D. Ness & Associates, Port Orchard, WA, for plaintiff-intervenor-appellee.

Before: D.W. NELSON and KOZINSKI, Circuit Judges, and SCHWARZER, Senior District Judge.


SCHWARZER, Senior District Judge.

This is an appeal from an injunctive order issued at the behest of an intervenor. We must decide whether we have appellate jurisdiction to review the order and whether the district court erred in permitting intervention.

Factual Background

Richard Turay is a resident of the Washington Special Commitment Center (SCC), having been civilly committed as a sexually violent predator pursuant to a Washington statute, Revised...

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