556 Cases found with keyword search

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    Spain v. Procunier

    600 F.2d 189 (9th Cir. 1979)   Cited 559 times   
    Holding injunctive relief proper despite assertions about the cost of proper facilities

    No. 76-1095. May 30, 1979. As Amended June 15, 1979. As Amended on Denial of Rehearing July 30, 1979. Sanford Svetcov, Chief Asst. U.S. Atty., San Francisco, Cal., for defendants-appellants. Fred J. Hiestand, Berkeley, Cal., for plaintiffs-appellees. Appeal from the United States District Court for the Northern District of California. Before DUNIWAY and KENNEDY, Circuit Judges, and PALMIERI, District Judge. Honorable Edmund L. Palmieri, United States District Judge for the Southern District of New

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    United States v. Olmos-Esparza

    600 F.2d 187 (9th Cir. 1979)   

    No. 78-2174. April 25, 1979. George D. Hardy, Asst. U.S. Atty. (on the brief), Michael H. Walsh, U.S. Atty., Eve D. Bermingham, Asst. U.S. Atty. (argued), San Diego, Cal., for plaintiff-appellee. Judith A. Clarke, Federal Defender of San Diego, Inc. (argued), San Diego, Cal., for defendant-appellant. Appeal from the United States District Court for the Southern District of California. Before ELY and TRASK, Circuit Judges, and FITZGERALD, District Judge. Honorable James M. Fitzgerald, United States

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    Wilson v. Seiter

    501 U.S. 294 (1991)   Cited 10,352 times   2 Legal Analyses   
    Holding that a conditions-of-confinement claim under the Eighth Amendment requires an inquiry into the prison officials' state of mind

    cell temperature at night combined with a failure to issue blankets. Compare Spain v. Procunier, 600 F.2d 189, 199 (CA9 1979) (outdoor exercise required when prisoners otherwise confined in small cells almost

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    Noll v. Carlson

    809 F.2d 1446 (9th Cir. 1987)   Cited 4,085 times   
    Holding that a pro se litigant must be given leave to amend his complaint unless it is absolutely clear that the deficiencies of the complaint cannot be cured by amendment

    1984); Franklin v. State of Oregon, 662 F.2d 1337, 1346 (9th Cir. 1981); Spain v. Procunier, 600 F.2d 189, 199 (9th Cir. 1979). Finally, Noll makes conclusory allegations of inadequate medical care. It

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    Peralta v. Dillard

    744 F.3d 1076 (9th Cir. 2014)   Cited 913 times   1 Legal Analyses   
    Holding monetary damages are unavailable against an official capacity defendant who lacks authority over budgeting decisions

    decisions, they are overruled. Judge Christen claims we are also overruling Spain v. Procunier, 600 F.2d 189 (9th Cir.1979), but this is plainly not so. Spain involved only injunctive relief; it has nothing

    medical care, it could be compelled to correct those conditions. See Plata, 131 S.Ct. 1910;Spain, 600 F.2d 189. But such a lawsuit could provide no redress for past constitutional violations because the state

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    Frost v. Agnos

    152 F.3d 1124 (9th Cir. 1998)   Cited 1,774 times   
    Holding that, because pretrial detainees' Fourteenth Amendment rights are comparable to prisoners' Eighth Amendment rights, the same standards apply

    of recreation for thirteen days is not cruel and unusual punishment) with Spain v. Procunier, 600 F.2d 189, 199-200 (9th Cir. 1979) (holding that complete ban on any outdoor exercise was unconstitutional)

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    Keenan v. Hall

    83 F.3d 1083 (9th Cir. 1996)   Cited 1,608 times   1 Legal Analyses   
    Holding that the plaintiff's Eighth Amendment claim based on 24-hour lighting presented a triable issue of fact

    Amendment rights of inmates confined to continuous and long-term segregation. Spain v. Procunier, 600 F.2d 189, 199 (9th Cir. 1979) (Kennedy, J.) ("There is substantial agreement among the cases in this area

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    Hearns v. Terhune

    413 F.3d 1036 (9th Cir. 2005)   Cited 724 times   
    Holding that plaintiff's allegation that he was confined in administrative segregation for nine months, during which time he was deprived of clean running water, was sufficient to make out a conditions of confinement claim

    of outside exercise is unconstitutional.") (emphasis in original). See also Spain v. Procunier, 600 F.2d 189, 199 (9th Cir. 1979) ("There is substantial agreement among the cases in this area that some form

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    LeMaire v. Maass

    12 F.3d 1444 (9th Cir. 1993)   Cited 811 times   
    Holding that prison officials' response to isolate and control an inmate's outdoor exercise access because of continuing aggression and disciplinary problems that raised serious and legitimate security concerns did not qualify as deliberate indifference

    under these circumstances, the scope of the injunction was excessive. Citing Spain v. Procunier, 600 F.2d 189 (9th Cir. 1979), and Hoptowit v. Ray, 682 F.2d 1237 (9th Cir. 1982), the state argues that the

    determined the long-term denial of outside exercise is unconstitutional. In Spain v. Procunier, 600 F.2d 189 (9th Cir. 1979), the court declared unconstitutional the deprivation of outdoor exercise for inmates

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    Michenfelder v. Sumner

    860 F.2d 328 (9th Cir. 1988)   Cited 438 times   
    Holding that female correctional officers' presence around naked prisoners did not violate their privacy rights

    The whole point of the amendment is to protect persons convicted of crimes." Spain v. Procunier, 600 F.2d 189, 193-94 (9th Cir. 1979) (citation omitted). Punishments "repugnant to the Eighth Amendment [are

    shooting is incapacitation of a dangerous person, not the infliction of pain. In Spain v. Procunier, 600 F.2d 189, in which we found that limited use of a demonstrably dangerous and painful substance, tear gas

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