NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN E. BETTYS, 

Plaintiff-Appellant, 

 v. 

KEVIN QUIGLEY; et al., 

Defendants-Appellees.

No. 18-35285

D.C. No. 3:16-cv-05076-RJB 

MEMORANDUM*

Appeal from the United States District Court

for the Western District of Washington

Robert J. Bryan, District Judge, Presiding

Submitted April 17, 2019

**

Before: McKEOWN, BYBEE, and OWENS, Circuit Judges. 

Washington civil detainee John E. Bettys appeals pro se from the district 

court’s summary judgment in his 42 U.S.C. § 1983 action alleging claims arising 

from his pretrial detention at Washington’s Special Commitment Center (“SCC”). 

We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Mitchell v. 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

APR 23 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 18-35285 

Washington, 818 F.3d 436, 441 (9th Cir. 2016). We affirm.

The district court properly granted summary judgment on Bettys’s mental 

health treatment and conditions of confinement claims because defendants 

demonstrated that any differences between what Bettys was provided during his 

pretrial detention and what was provided to criminal inmates at Washington State 

Department of Corrections facilities were justified by legitimate, non-punitive 

interests, and Bettys failed to raise a genuine dispute of material fact as to whether 

any conditions he experienced amounted to punishment or were excessive in 

relation to legitimate government interests. See Bell v. Wolfish, 441 U.S. 520, 537 

(1979) (some losses of freedom of movement and choice are inherent discomforts 

of confinement, and not every disability imposed during detention “amounts to 

‘punishment’ in the constitutional sense”); Jones v. Blanas, 393 F.3d 918, 932, 935

(9th Cir. 2004) (a rebuttable presumption of punitive treatment arises when a 

detainee awaiting civil commitment proceedings is detained in “conditions 

identical to, similar to, or more restrictive than, those in which his criminal 

counterparts are held”).

To the extent Bettys challenges the mental health treatment he received after 
3 18-35285 

his civil commitment, the district court properly granted summary judgment 

because Bettys failed to raise a genuine dispute of material fact as to whether 

defendants substantially departed from accepted professional judgment. See 

Youngberg v. Romeo, 457 U.S. 307, 321-23 (1982) (imposing liability where a 

decision is “such a substantial departure from accepted professional judgment, 

practice, or standards as to demonstrate that the person responsible actually did not 

base the decision on such a judgment”); Mitchell, 818 F.3d at 443-44 (at summary 

judgment, a civil detainee must present evidence sufficient to rebut the Youngberg

professional judgment standard).

The district court properly dismissed Bettys’s double jeopardy claim because 

his civil detention under Washington law is not unconstitutionally punitive “as 

applied” to him. See Seling v. Young, 531 U.S. 250, 263 (2001) (rejecting a double 

jeopardy challenge to implementation of civil confinement of persons charged with 

sex offenses).

We do not consider Bettys’s due process claims concerning vendor access 

privileges and facility policies because Bettys voluntary dismissed these claims. 

See Fed. R. Civ. P. 41(a)(2); Seidman v. City of Beverly Hills, 785 F.2d 1447, 1448 

(9th Cir. 1986) (“A plaintiff may not appeal a voluntary dismissal because it is not 
4 18-35285 

an involuntary adverse judgment against him”).

AFFIRMED.