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YOUNG v. WESTON

No. 98-35377.

192 F.3d 870 (1999)

Andre Brigham YOUNG, Petitioner-Appellant, v. David WESTON, Superintendent of the Special Commitment Center, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 1999.

Amended September 16, 1999.

Attorney(s) appearing for the Case

Robert Boruchowitz, Defender Association, Seattle, Washington, for the petitioner-appellant.

Sarah Sappington, Assistant Attorney General, Seattle, Washington, for the respondent-appellee.

Before: PREGERSON and THOMPSON, Circuit Judges, and KELLEHER, District Judge.

ORDER

The opinion filed May 20, 1999 [176 F.3d 1196], is amended as follows:

Slip opinion page 4757, after the paragraph ending with footnote 4, insert: Actual conditions of confinement may divest a facially valid statute of its "civil" label only upon a showing by the "clearest proof" that the statutory scheme is punitive in its "effect." Id. at 2082. As discussed below, we conclude that Young has alleged...

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