Allen

Allen v. Sakai

Good Law
40 F.3d 1001·1994 WL 635169
United States Court of Appeals for the Ninth CircuitNovember 15, 1994No. 93-16780California3,071 words

Opinion

Lead Opinion

Fletcher, J.

Hawaii state prison officials, defendants in a 42 U.S.C. § 1983 suit, appeal the denial of summary judgment on their claim of qualified immunity. We affirm.

*1003 I

Terry Smith was transferred to the Special Holding Unit (“SHU”) 1 of the Halawa High Security Facility (“HHSF”) 2 after multiple disciplinary offenses ranging from counterfeiting documents to assault. Smith and others, proceeding pro se, filed a federal civil suit against various prison officials under 42 U.S.C. § 1983 . 3 Defendants moved for summary judgment on the grounds that they enjoyed qualified immunity and that the plaintiffs had failed to state a claim for which relief could be granted. The magistrate recommended that the defendants’ motion be granted on all of Smith’s claims except his claims that defendants deprived him of sufficient outdoor recreation, the use of a pen, and access to photocopies. The district court issued a written order modifying the magistrate’s findings but adopting his recommendation to deny defendants’ motion for summary judgment as to Smith’s remaining three claims. Defendants filed a timely appeal of the district court’s order.

II

Smith alleges that, for a six-week period during…

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