Keith Arline, Jr. v. Ken Clark

MEMORANDUM

Keith Duane Arline, Jr., a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendant violated his Eighth Amendment rights in connection with the denial of outdoor exercise. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the grant of summary judgment, Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004), and for an abuse of discretion the district court’s evidentiary rulings, United States v. W.R. Grace, 504 F.3d 745, 759 (9th Cir.2007). We affirm.

The district court properly granted summary judgment on Arline’s Eighth Amendment claim because Arline failed to raise a genuine dispute of material fact as to whether defendant acted with deliberate indifference when he imposed a modified program, in response to a security breach, that temporarily restricted inmates’ access to outdoor exercise. See Hayward v. Pro-cunier, 629 F.2d 599 , 603 (9th Cir.1980) (temporary deprivation of outdoor exercise in response to genuine emergency did not violate Eighth Amendment); see also Nor-luood v. Vance, 591 F.3d 1062,1068-70 (9th Cir.2010) (prison officials entitled to qualified immunity on…