Tony Melendez Longoria v. Robert G. Borg, Warden, and Bernie Aispuro, Warden

28 F.3d 106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tony Melendez LONGORIA, Plaintiff-Appellee, v. Robert G. BORG, Warden, et al., Defendants, and Bernie Aispuro, Warden, Defendant-Appellant. No. 93-15573. United States Court of Appeals, Ninth Circuit. Submitted May 13, 1994. * Decided July 13, 1994. Before: GOODWIN, POOLE, REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Bernie Aispuro, the former warden of the California State Prison at Corcoran ("Corcoran"), appeals the denial of his motion for summary judgment based on qualified immunity in a 42 U.S.C. Sec. 1983 action brought by inmate Tony Melendez Longoria. Longoria contends that the operation of the integrated exercise yards at Corcoran constituted cruel and unusual punishment. We have jurisdiction pursuant to the collateral order doctrine, Mitchell v. Forysth, 472 U.S. 511, 530 (1985), and we affirm. 3 We review de novo the district court's denial of a motion for qualified immunity. Lum v. Jensen, 876 F.2d…