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Anderson v. County of Kern

United States Court of Appeals, Ninth Circuit
Jul 7, 1995
75 F.3d 448 (9th Cir. 1995)

Summary

holding an inmate must demonstrate that the sanitary limitations imposed on him or her were more than temporary

Summary of this case from Jones v. Fresno Cnty. Jail

Opinion

Nos. 92-17040, 93-15019.

Filed July 7, 1995.

Richard A. Derevan and Deborah Fabricant, Snell Wilmer, Irvine, CA, Richard P. Herman, Laguna Beach, CA, and Sanford Jay Rosen, Rosen, Bien Asaro, San Francisco, CA, for plaintiffs-appellees-cross-appellants.

Holly N. Gallagher, B.C. Barman, County Counsel, Bakersfield, CA, John Hagar, Los Angeles, CA, for defendants-appellants-cross-appellees.

Thomas E. McConnell, Cal. Bd. of Corrections, Sacramento, CA, for amicus curiae Cal. Bd. of Corrections.

Before: POOLE, CANBY, and RYMER, Circuit Judges.


ORDER

This panel has voted to deny plaintiffs-appellants-cross appellees' petition for rehearing and to reject the suggestion for rehearing en banc.

The full court has been advised of the suggestion for rehearing en banc and no active judge has requested a vote on whether to hear the matter en banc. Fed.R.App.P. 35.

Plaintiffs-appellants-cross appellees' petition for rehearing is denied and the suggestion for rehearing en banc is rejected.

The opinion filed January 13, 1995 is amended to include the following footnote at the end of the second paragraph of Section I, at page 505 of the slip opinion and 45 F.3d 1310, 1313:

We need not decide here whether, under some circumstances, the "deliberate indifference" standards under the Eighth and Fourteenth Amendments diverge. See Redman v. County of San Diego, 942 F.2d 1435, 1442-43 (9th Cir. 1991) (en banc). The plaintiffs did not differentiate between the two standards in their briefs, and emphasized the Eighth Amendment formulation, which we apply in this opinion. We are convinced that any possible divergence would not have affected the outcome of our decision.


Summaries of

Anderson v. County of Kern

United States Court of Appeals, Ninth Circuit
Jul 7, 1995
75 F.3d 448 (9th Cir. 1995)

holding an inmate must demonstrate that the sanitary limitations imposed on him or her were more than temporary

Summary of this case from Jones v. Fresno Cnty. Jail

holding an inmate must demonstrate that the sanitary limitations imposed on him or her were more than temporary

Summary of this case from Bakke v. Clark Cnty. Jail

finding "[a]n indeterminate sentence in administrative segregation, without more, does not constitute cruel and unusual punishment in violation of the Eighth Amendment"

Summary of this case from Franklin v. Franklin

finding "[a]n indeterminate sentence in administrative segregation, without more, does not constitute cruel and unusual punishment in violation of the Eighth Amendment"

Summary of this case from Irvin v. Roldan

finding "[a]n indeterminate sentence in administrative segregation, without more, does not constitute cruel and unusual punishment in violation of the Eighth Amendment"

Summary of this case from Irvin v. Roldan

stating that the "convicted inmates' challenge is evaluated under the Eighth Amendment, and the pretrial detainees' challenge is evaluated under the Fourteenth Amendment"

Summary of this case from Carpenter v. Klamath Cnty. Jail

stating that the "convicted inmates' challenge is evaluated under the Eighth Amendment, and the pretrial detainees' challenge is evaluated under the Fourteenth Amendment"

Summary of this case from Hancock v. Union Cnty.

stating that the "convicted inmates' challenge is evaluated under the Eighth Amendment, and the pretrial detainees' challenge is evaluated under the Fourteenth Amendment"

Summary of this case from Taplin v. Multnomah Cnty. Health Servs.

stating that the placement of an inmate in less amenable and more restrictive quarters for nonpunitive reasons is well within the terms of confinement ordinarily contemplated by a prison sentence

Summary of this case from Grant v. Cate
Case details for

Anderson v. County of Kern

Case Details

Full title:Jerry ANDERSON; Glenna Blair; Terry Davis; John Wardwell; Jesse Vasquez…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 7, 1995

Citations

75 F.3d 448 (9th Cir. 1995)

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