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Keenan v. Hall

United States Court of Appeals, Ninth Circuit

May 8, 1996

135 F.3d 1318 (9th Cir. 1996)

Summary

holding "the Eighth Amendment require that [inmates] be housed in an environment ... reasonably free of excess noise" and denying summary judgment for prison officials on claims related to constant noise from other inmates and constant illumination alleged to be causing sleeping problems

Summary of this case from Rico v. Ducart

See 25 Summaries

Opinion

No. 94-35726

Argued and Submitted October 19, 1995 — San Francisco, California

Opinion Filed: May 8, 1996 Amended: February 11, 1998

Appeal from the United States District Court for the District of Oregon, Robert E. Jones, District Judge, Presiding.

D.C. No. 93-51-JO

Before: Mary M. Schroeder, Betty B. Fletcher, and Pamela Ann Rymer, Circuit Judges.

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND REJECTING EN BANC REQUEST

ORDER

The opinion, Slip op. 5571, filed May 8, 1996 is amended as follows: add a footnote to "major difference between the conditions for the general prison population and the segregated population" in line 2 on page 5578 of the Slip op.: "The Court expressed it thusly: `Based on a comparison between inmates inside and outside disciplinary segregation, the State's actions in placing [Sandin] there for 30 days did not work a major disruption in his environment.' Sandin at 2301."

With this change, Judges Schroeder and Fletcher have voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. Judge Rymer voted to grant the petition for rehearing and to accept the suggestion for rehearing en banc.

The full court has been advised of the suggestion for rehearing en banc and no judge of the court has requested a vote on it. Fed.R.App.P. 35(b).

The petition for rehearing is denied and the suggestion for rehearing en banc is rejected.

Summaries of

Keenan v. Hall

United States Court of Appeals, Ninth Circuit

May 8, 1996

135 F.3d 1318 (9th Cir. 1996)

holding "the Eighth Amendment require that [inmates] be housed in an environment ... reasonably free of excess noise" and denying summary judgment for prison officials on claims related to constant noise from other inmates and constant illumination alleged to be causing sleeping problems

Summary of this case from Rico v. Ducart

holding that dismissal of verbal harassment claim was proper where plaintiff had not shown that the prison guards' "disrespectful and assaultive comments" were "unusually gross even for a prison setting and were calculated to and did cause him psychological damage"

Summary of this case from Moore v. Calderon

holding that mail from a court is not legal mail

Summary of this case from Floyd v. Ada Cnty.

holding verbal harassment, standing alone, does not violate the Eighth Amendment

Summary of this case from Whatley v. Valdovinos

holding verbal harassment, standing alone, does not violate the Eighth Amendment

Summary of this case from Patton v. Flores

holding verbal harassment, standing alone, does not violate the Eighth Amendment

Summary of this case from Mills v. Ibarra

holding verbal harassment, standing alone, does not violate the Eighth Amendment

Summary of this case from Walker v. Donovan State Prison

holding verbal harassment, standing alone, does not violate the Eighth Amendment

Summary of this case from Mills v. Ibarra

holding that verbal harassment alone does not violate the Eighth Amendment

Summary of this case from Kakatin v. Kia'Aina

holding verbal harassment, standing alone, does not violate the Eighth Amendment

Summary of this case from Kakatin v. Kiana

holding disrespectful and assaultive comments by prison guard not enough to implicate Eighth Amendment

Summary of this case from Williams v. Soto

holding there is no constitutional right to canteen items

Summary of this case from Furnace v. Evans

holding "disrespectful and assaultive comments" by prison guard insufficient to implicate Eighth Amendment

Summary of this case from Lopez v. Correctional Officer Randow

holding "disrespectful and assaultive comments" by prison guard insufficient to implicate Eighth Amendment

Summary of this case from BEARDEN v. SUTO

finding no Eighth Amendment violation where plaintiff alleged that prison guards made "disrespectful and assaultive comments" to him and did not present evidence that the comments "were unusually gross even for a prison setting and were calculated to and did cause him psychological damage"

Summary of this case from Smith v. Deuel Vocational Institute

finding triable issues of fact existed as to whether a six-month deprivation of outdoor exercise due to Plaintiff's placement in the Intensive Management Unit violated the Eighth Amendment

Summary of this case from Franklin v. Scribner

finding triable issues of facts existed as to whether a six-month deprivation of outdoor exercise due to Plaintiff's placement in the Intensive Management Unit violated the Eighth Amendment

Summary of this case from Hayes v. Garcia

finding triable issues of facts existed as to whether a six month deprivation of outdoor exercise due to Plaintiff's placement in the Intensive Management Unit violated the Eighth Amendment

Summary of this case from Hurd v. Garcia

finding triable issues of facts existed as to whether a six-month deprivation of outdoor exercise due to Plaintiff's placement in the Intensive Management Unit violated the Eighth Amendment

Summary of this case from Jones v. Garcia

affirming summary judgment for defendants where plaintiff alleged only that average temperatures in his cell "tend[ed] to be either well above or well below room temperature . . . which suggest[ed] only that the temperature was not comfortable"

Summary of this case from Valley v. Martin

affirming summary judgment where the plaintiff did not allege that he was denied telephone access when he had an emergency or specific need to speak with his lawyer

Summary of this case from Holmes v. Godinez

reversing summary judgment on prisoner's Eighth Amendment claim alleging that water in his housing unit was "Blue/Green in Color and Foul Tasting" even though defendants produced evidence that "recent water quality tests showed that the water was pristine"

Summary of this case from Jones v. Special Commitment Ctr.

reversing district court's summary dismissal of Eighth Amendment claim premised on excess noise where the plaintiff alleged "'screaming, wailing, crying, singing and yelling,' often in groups, and that there was a 'constant, loud banging'"

Summary of this case from Grizzle v. Cnty. of San Diego

treating allegations in prisoner's verified amended complaint as opposing affidavit

Summary of this case from Khan v. Payton

treating allegations in prisoner's verified amended complaint as opposing affidavit

Summary of this case from Amezquita v. Garcia-Cortez