Joe Smith, Jr. v. David Shinn

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 16 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOE CLARENCE SMITH, Jr., No. 20-17404

Plaintiff-Appellant, D.C. No. 2:20-cv-02012-ROS-JFM v.

DAVID SHINN, Director, in official MEMORANDUM* capacity only; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding

Submitted November 16, 2021** Pasadena, California

Before: PAEZ, CLIFTON, and OWENS, Circuit Judges.

Plaintiff Joe Smith, Jr. filed a civil rights complaint under 42 U.S.C. § 1983

alleging that his tenure of over forty-four years on Arizona’s death row, much of it

in solitary confinement, violates the Eighth and Fourteenth Amendments. He

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). sought declaratory and injunctive relief prohibiting Arizona…