Allen

Sergeant Salgado a defendant in a 42 U.S.C. § 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.

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 scheduled hours on days when the law library’s schedule conflicted with the recreation area’s.

Allen was sentenced to two consecutive sixty-day sentences in disciplinary segregation in the Special Holding Unit of the Hala-wa Medium Security Facility (HMSF) after assaulting a corrections officer with a weapon. After completing his disciplinary sentences, he remained in SHU as part of the Phase I program. 1 The timing of his return to the general prison population was uncertain, being dependent on prison authorities’ perception of his behavior. As an inmate in SHU, Allen could use the law library and outdoor recreation area only during limited hours and…