Page v. Finnberg

286 F. App'x 499
Court of Appeals for the Ninth Circuit·Decided August 1, 2008·No. No. 06-55734·Published

Opinion

MEMORANDUM **

Sammy L. Page, a California state civil detainee, appeals pro se from the district court’s judgment dismissing with prejudice his 42 U.S.C. § 1983 action against two clinical psychologists whose professional evaluations led to his commitment as a [500] sexually violent predator under California law. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Huf-tile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir.2005), and we affirm.

The district court properly dismissed Page’s action seeking prospective relief for failure to state a claim, because such relief was not available under the facts of this case. See Edwards v. Balisok, 520 U.S. 641, 648, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997) (explaining that a plaintiff in a section 1983 claim for prospective relief must “meet the usual requirements for injunc-tive relief’); O’Shea v. Littleton, 414 U.S. 488, 502, 94 S.Ct. 669, 38 L.Ed.2d 674 (1974) (explaining that “the inadequacy of remedies at law” is a prerequisite to the issuance of equitable relief, and noting that federal habeas relief may become an adequate remedy where future wrongful prosecution is feared); Huftile, 410 F.3d at 1141-42 (noting that habeas relief was available to a California sexually violent predator challenging his civil commitment).

We deny all pending motions.

AFFIRMED.

Footnotes

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Page v. Finnberg, 286 F. App'x 499 (9th Cir. 2008).

286 F. App'x 499 (Page v. Finnberg) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

O'Shea v. Littleton
414 U.S. 488 (Supreme Court, 1974)
Edwards v. Balisok
520 U.S. 641 (Supreme Court, 1997)
Michael Huftile v. L C Miccio-Fonseca
410 F.3d 1136 (Ninth Circuit, 2005)