John Allen v. City & County Of Honolulu

39 F.3d 936 John ALLEN, Plaintiff-Appellee, v. CITY & COUNTY OF HONOLULU, Defendant, and Robert Johnson, Sgt.; Richard Salgado, Sgt.; John Rodrigues, Jr., A.C.O.; A.C.O. Friedl; A.C.O. Ramseyer; Dane Griffin, A.C.O., Defendants-Appellants. No. 93-16802. United States Court of Appeals, Ninth Circuit. Submitted Oct. 3, 1994. * Decided Oct. 28, 1994. Thomas D. Farrell, Deputy Atty. Gen., Honolulu, HI, for defendants-appellants. No appearance for plaintiff-appellee. Appeal from the United States District Court for the District of Hawai'i. Before: FLETCHER and FERNANDEZ, Circuit Judges, and John W. SEDWICK, ** District Judge. FLETCHER, Circuit Judge: 1 Sergeant Salgado a defendant in a 42 U.S.C. Sec. 1983 suit against him and others, brings an interlocutory appeal to challenge the denial of summary judgment on his claim of qualified immunity. We affirm. I. 2 John Allen, proceeding pro se, claims that Sergeant Richard Salgado, the senior uniformed officer at the Special Holding Unit of the Halawa Medium Security Facility, subjected him to cruel and unusual punishment under the Eighth Amendment by failing to escort him to the recreation area for outdoor exercise outside of regularly…