Prisoner Civil Rights

In Noble v. Adams, 09-17251, an Appeal from:      E.D. Cal. (Ishii, J.)Argued & Submitted:     2/15/11Panel:      Noonan     O'Scannlain     Trott (author), this Court took up the subject matter of  Prisoner Civil Rights

Holding:  The panel reversed the district court's summary judgment denying prison officials qualified immunity in this 42 U.S.C. § 1983 action brought by a California state prisoner who asserted that a lockdown at the prison resulted in the denial of his Eighth Amendment right to outdoor exercise.

The panel concluded that prison officials were entitled to qualified immunity because it was not clearly established in 2002 - nor is it established yet - precisely how, according to the Constitution, or when a prison facility housing problem inmates must return to normal operations, including outside exercise, during and after a state of emergency called in response to a major riot.