Steven Force v. Melvin Hunter, et al, No. 09-56294 (9th Cir. 2010)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 07 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT STEVEN DANIEL FORCE, Plaintiff - Appellant, No. 09-56294 D.C. No. 2:05-cv-02534-SGL-RZ v. MEMORANDUM * MELVIN HUNTER; et al., Defendants - Appellees. Appeal from the United States District Court for the Central District of California Stephen G. Larson, District Judge, Presiding Submitted September 22, 2010 ** Before WALLACE, HAWKINS and THOMAS, Circuit Judges. Steven Daniel Force ( Force ), a former civil detainee at Atascadero State Hospital ( ASH ) under California s Sexually Violent Predator Act, appeals pro se the district court s adverse summary judgment and its order dismissing Force s * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 09-56294 state law claims in his 42 U.S.C. § 1983 action challenging a decision by ASH officials denying him visits from his minor niece and nephews. The district court properly granted summary judgment for defendants because ASH s policy barring visits from minor children within the age and gender profiles of a civil detainee s former victims is a legitimate, non-punitive governmental interest. See Jones v. Blanas, 393 F.3d 918, 932 (9th Cir. 2004) (civil detainees are subject to [l]egitimate, non-punitive government interests such as maintaining jail security, and effective management of [the] detention facility ). The district court properly dismissed Force s California state law claims for failure to present a claim under California Civil Code §§ 910 et seq. See Cal. Civ. Code § 945.4 (prohibiting suits against California public entities for money damages unless plaintiff complies with California s civil claims procedure); Ovando v. County of Los Angeles, 71 Cal. Rptr. 3d 415, 432 (Cal. App. 2008) ( A plaintiff suing the state or a local public entity must allege facts demonstrating either compliance with the claim presentation requirement or an excuse for noncompliance as an essential element of the cause of action. ). Force s remaining contentions are unpersuasive. AFFIRMED. 2 09-56294
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