Hebbe

Michael G. Williams (argued), U.C.L.A. School of Law Ninth Circuit Clinic, Los Angeles, CA, supervised by Charles C. Lifland, Jeremy Maltby, Catalina Joos Vergara (argued), O'Melveny & Myers, LLP, Los Angeles, CA, for the plaintiff-appellant.

Edmund G. Brown, Jr., Rochelle C. East, David Carrasco (argued), Office of the California Attorney General, Sacramento, CA, for the defendants-appellees.

Before: DANIEL M. FRIEDMAN, [*] D.W. NELSON, and STEPHEN REINHARDT, Circuit Judges.

Opinion by Judge REINHARDT; Concurrence by Judge FRIEDMAN.

The opinion filed on July 29, 2010, and reported at 611 F.3d 1202 , is hereby amended so as to conform with the amended opinion filed herewith. The concurring opinion filed on that date remains unchanged.

The petition for rehearing en banc remains pending before the court and shall be deemed to apply to the amended opinion, unless within 14 days of the date of this order the appellees withdraw or amend their petition.

REINHARDT, United States Circuit Judge:

Paul Hebbe, a prisoner in the California State Prison-Sacramento C-Facility ("CSP"), appeals the district court's grant of prison officials Cheryl Pliler, Warden of the CSP, and Steven…