Edward Furnace v. M.S. Evans

MEMORANDUM

Edward Furnace (“Furnace”), a California state prisoner, appeals the district court’s summary judgment in this 42 U.S.C. § 1983 action naming various prison officials as defendants. Furnace alleges that his constitutional rights were violated when prison officials restricted him to conditions similar to solitary confinement and denied him outdoor activity and exercise for twenty consecutive months. Prison officials insisted that Furnace sign a pledge form renouncing violence as a condition for ending his cell confinement, and he repeatedly refused. The lockdown was precipitated by a state of emergency because of the attempted murder of two correctional officers by another inmate. The district court found that defendants did not violate Furnace’s First or Eighth Amendment rights, or his due process rights, and granted summary judgment in favor of the prison official defendants.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s order granting summary judgment. Hauk v. JP Morgan Chase Bank USA, 552 F.3d 1114, 1117 (9th Cir.2009).

The outcome of the Eighth Amendment claims is controlled by Thomas v. Ponder, 611 F.3d 1144 (2010).…