Dennis N. Johnson Leonard Todek, Individually and on Behalf of All Others Similarly Situated Lawrence E. Cottle John Pilafas, Individually and on Behalf of All Others Similarly Situated Robb Steir, Individually and on Behalf of All Others Similarly Situated Rodney Warner, Individually and on Behalf of All Others Similarly Situated Gary Elmore, Individually and on Behalf of All Others Similarly Situated Elias Gutierrez v. Samuel Lewis, Former Director of the Adoc in His Individual Capacity Terry Stewart, Director of the Adoc in His Official and Individual Capacity Bill Gotcher, Former Warden of the Asp at Safford in His Official and Individual Capacity Glenn Davis, Deputy Warden of Asp Safford in His Official and Individual Capacity John Foote, Deputy Warden of the Asp Safford in His Official and Individual Capacity John Abbl, Captain Doc Officer in His Official and Individual Capacity Cso Nations, Cso Marcias, Csoii Flores, Sgt. Hull, Doc Officers in Their Official and Individual Capacities Blackie Hassenzeller, Lieutenant, a Member of the Adoc Tactical Support Unit in His Official and Individual Capacity John Doe 1-10, Doc Officers in Their Official and Individual Capacities Joe Hawkins Matthew Proto Mark Wiley Dennis Killa James Bahn Dwayne Morman Dennis Grogg Robert Stadler J.C. Kenney, Leroy Patrick Baca Troy Hamilton, Individually and on Behalf of All Others Similarly Situated Paul Large, Individually and on Behalf of All Others Similarly Situated Eric Baker Larry G. Harper, Individually and on Behalf of All Others Similarly Situated Victor Lawrence Farber, Jr. v. Terry Stewart, Director of the Adoc in His Official and Individual Capacity Bill Gotcher, Former Warden of the Asp Safford in His Individual and Official Capacity Frank Terry, Deputy Warden in Charge of Tonto Unit in His Official and Individual Capacity Cso Ortiz, in His Official and Individual Capacity John Bbl, Captain in His Official and Individual Capacity Cso Thompson, in His Official and Individual Capacity Amarillus, Sergeant in His Official and Individual Capacity John Doe 1-10, Csos in Their Official and Individual Capacity Cso Thompson Matthew Proto Dennis Grogg Darren McWhorter Csoii Armando Amarillas Dwayne Morman

217 F.3d 726
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 29, 2000
Docket98-16821
StatusPublished
Cited by2 cases

This text of 217 F.3d 726 (Dennis N. Johnson Leonard Todek, Individually and on Behalf of All Others Similarly Situated Lawrence E. Cottle John Pilafas, Individually and on Behalf of All Others Similarly Situated Robb Steir, Individually and on Behalf of All Others Similarly Situated Rodney Warner, Individually and on Behalf of All Others Similarly Situated Gary Elmore, Individually and on Behalf of All Others Similarly Situated Elias Gutierrez v. Samuel Lewis, Former Director of the Adoc in His Individual Capacity Terry Stewart, Director of the Adoc in His Official and Individual Capacity Bill Gotcher, Former Warden of the Asp at Safford in His Official and Individual Capacity Glenn Davis, Deputy Warden of Asp Safford in His Official and Individual Capacity John Foote, Deputy Warden of the Asp Safford in His Official and Individual Capacity John Abbl, Captain Doc Officer in His Official and Individual Capacity Cso Nations, Cso Marcias, Csoii Flores, Sgt. Hull, Doc Officers in Their Official and Individual Capacities Blackie Hassenzeller, Lieutenant, a Member of the Adoc Tactical Support Unit in His Official and Individual Capacity John Doe 1-10, Doc Officers in Their Official and Individual Capacities Joe Hawkins Matthew Proto Mark Wiley Dennis Killa James Bahn Dwayne Morman Dennis Grogg Robert Stadler J.C. Kenney, Leroy Patrick Baca Troy Hamilton, Individually and on Behalf of All Others Similarly Situated Paul Large, Individually and on Behalf of All Others Similarly Situated Eric Baker Larry G. Harper, Individually and on Behalf of All Others Similarly Situated Victor Lawrence Farber, Jr. v. Terry Stewart, Director of the Adoc in His Official and Individual Capacity Bill Gotcher, Former Warden of the Asp Safford in His Individual and Official Capacity Frank Terry, Deputy Warden in Charge of Tonto Unit in His Official and Individual Capacity Cso Ortiz, in His Official and Individual Capacity John Bbl, Captain in His Official and Individual Capacity Cso Thompson, in His Official and Individual Capacity Amarillus, Sergeant in His Official and Individual Capacity John Doe 1-10, Csos in Their Official and Individual Capacity Cso Thompson Matthew Proto Dennis Grogg Darren McWhorter Csoii Armando Amarillas Dwayne Morman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dennis N. Johnson Leonard Todek, Individually and on Behalf of All Others Similarly Situated Lawrence E. Cottle John Pilafas, Individually and on Behalf of All Others Similarly Situated Robb Steir, Individually and on Behalf of All Others Similarly Situated Rodney Warner, Individually and on Behalf of All Others Similarly Situated Gary Elmore, Individually and on Behalf of All Others Similarly Situated Elias Gutierrez v. Samuel Lewis, Former Director of the Adoc in His Individual Capacity Terry Stewart, Director of the Adoc in His Official and Individual Capacity Bill Gotcher, Former Warden of the Asp at Safford in His Official and Individual Capacity Glenn Davis, Deputy Warden of Asp Safford in His Official and Individual Capacity John Foote, Deputy Warden of the Asp Safford in His Official and Individual Capacity John Abbl, Captain Doc Officer in His Official and Individual Capacity Cso Nations, Cso Marcias, Csoii Flores, Sgt. Hull, Doc Officers in Their Official and Individual Capacities Blackie Hassenzeller, Lieutenant, a Member of the Adoc Tactical Support Unit in His Official and Individual Capacity John Doe 1-10, Doc Officers in Their Official and Individual Capacities Joe Hawkins Matthew Proto Mark Wiley Dennis Killa James Bahn Dwayne Morman Dennis Grogg Robert Stadler J.C. Kenney, Leroy Patrick Baca Troy Hamilton, Individually and on Behalf of All Others Similarly Situated Paul Large, Individually and on Behalf of All Others Similarly Situated Eric Baker Larry G. Harper, Individually and on Behalf of All Others Similarly Situated Victor Lawrence Farber, Jr. v. Terry Stewart, Director of the Adoc in His Official and Individual Capacity Bill Gotcher, Former Warden of the Asp Safford in His Individual and Official Capacity Frank Terry, Deputy Warden in Charge of Tonto Unit in His Official and Individual Capacity Cso Ortiz, in His Official and Individual Capacity John Bbl, Captain in His Official and Individual Capacity Cso Thompson, in His Official and Individual Capacity Amarillus, Sergeant in His Official and Individual Capacity John Doe 1-10, Csos in Their Official and Individual Capacity Cso Thompson Matthew Proto Dennis Grogg Darren McWhorter Csoii Armando Amarillas Dwayne Morman, 217 F.3d 726 (9th Cir. 2000).

Opinion

217 F.3d 726 (9th Cir. 2000)

DENNIS N. JOHNSON; LEONARD TODEK, individually and on behalf of all others similarly situated; LAWRENCE E. COTTLE; JOHN PILAFAS, individually and on behalf of all others similarly situated; ROBB STEIR, individually and on behalf of all others similarly situated; RODNEY WARNER, individually and on behalf of all others similarly situated; GARY ELMORE, individually and on behalf of all others similarly situated; ELIAS GUTIERREZ, Plaintiffs-Appellants,
v.
SAMUEL LEWIS, former director of the ADOC in his individual capacity; TERRY STEWART, Director of the ADOC in his official and individual capacity; BILL GOTCHER, former warden of the ASP at Safford in his official and individual capacity; GLENN DAVIS, Deputy Warden of ASP Safford in his official and individual capacity; JOHN FOOTE, Deputy Warden of the ASP Safford in his official and individual capacity; JOHN ABBL, Captain DOC officer in his official and individual capacity; CSO NATIONS, CSO MARCIAS, CSOII FLORES, SGT. HULL, DOC officers in their official and individual capacities; BLACKIE HASSENZELLER, Lieutenant, a member of the ADOC Tactical Support Unit in his official and individual capacity; JOHN DOE 1-10, DOC officers in their official and individual capacities; JOE HAWKINS; MATTHEW PROTO; MARK WILEY; DENNIS KILLA; JAMES BAHN; DWAYNE MORMAN; DENNIS GROGG; ROBERT STADLER; J.C. KENNEY, Defendants-Appellees.
LEROY PATRICK BACA; TROY HAMILTON, individually and on behalf of all others similarly situated; PAUL LARGE, individually and on behalf of all others similarly situated; ERIC BAKER; LARRY G. HARPER, individually and on behalf of all others similarly situated; VICTOR LAWRENCE FARBER, Jr., Plaintiffs-Appellants,
v.
TERRY STEWART, Director of the ADOC in his official and individual capacity; BILL GOTCHER, former warden of the ASP Safford in his individual and official capacity; FRANK TERRY, deputy warden in charge of Tonto Unit in his official and individual capacity; CSO ORTIZ, in his official and individual capacity; JOHN BBL, Captain in his official and individual capacity; CSO THOMPSON, in his official and individual capacity; AMARILLUS, Sergeant in his official and individual capacity; JOHN DOE 1-10, CSOs in their official and individual capacity; CSO THOMPSON; MATTHEW PROTO; DENNIS GROGG; DARREN MCWHORTER, CSOII; ARMANDO AMARILLAS; DWAYNE MORMAN, Defendants-Appellees.

No. 98-16821, No. 98-16851

U.S. Court of Appeals for the Ninth Circuit

Argued and Submitted December 9, 1999--San Francisco, California

Filed June 29, 2000

[Copyrighted Material Omitted]

Paul Gattone, Southern Arizona People's Law Center, Tucson, Arizona, for the plaintiffs-appellants.

Bruce L. Skolnik, Assistant Attorney General, Tucson, Arizona, for the defendants-appellees. OPINION

Appeals from the United States District Court for the District of Arizona; Frank R. Zapata, District Judge, Presiding. D.C. Nos. CV-96-00463-FRZ, V-96-00464-FRZ

Before: Joseph T. Sneed, Harry Pregerson, and William A. Fletcher, Circuit Judges.

Opinion by Judge W. FLETCHER; Dissent by Judge SNEED.

W. FLETCHER, Circuit Judge:

These class actions arose from two disturbances in the Arizona State Prison in Safford, Arizona: one in August 1995 and the other in December of the same year. Although the district court resolved the cases separately, we consolidate them because they are factually similar and present identical legal issues. In each case, prison officials quelled the disturbance and then held all of the inmates in the affected unit out-of-doors while they investigated the incident and searched the prison buildings. The appellants, two classes of plaintiffs consisting of the inmates who were held outside, brought class actions against Arizona prison officials under 42 U.S.C. S 1983, asserting that the conditions under which they were held violated the Eighth Amendment's prohibition against cruel and unusual punishment. The district court granted summary judgment for the defendant prison officials in each case. We conclude that unresolved issues of fact preclude summary judgment in both cases. We therefore reverse and remand.

* Because these cases were resolved at summary judgment, we relate the facts in the light most favorable to the prisoners as the non-moving parties. See Holmes v. California Army Nat'l Guard, 124 F.3d 1126, 1132 (9th Cir. 1997).

On August 14, 1995, the Graham Unit of the Arizona State Prison in Safford, Arizona housed 638 inmates. One hundred of these prisoners lived in tents; the rest were housed in permanent dormitories. Dissatisfied with the conditions in the tents, some of the inmates began setting fire to the tents and nearby structures, throwing rocks and cans, and wielding other makeshift weapons shortly after 7:00 p.m.

The prison's Tactical Support Unit (TSU) responded to the disturbance. Officials used the public address system to order all non-participating inmates to assemble at a designated location, but only 21 inmates reported. The TSU entered the prison yard at 8:30 p.m. Over the next several hours, it was able to restore order and regain control of the facility using non-lethal weapons. By 11:15 p.m., the TSU had evacuated all of the remaining buildings, had accounted for each of the 638 inmates, and was holding them handcuffed, shackled, and lying face-down on the ground in a central location in the prison yard.

Prison officials continued to hold the inmates handcuffed and prone, though no longer shackled, in the prison yard while they conducted an investigation of the disturbance. Until the riot participants could be identified, officials considered holding the inmates in the easily secured prison yard to be the safest alternative. Placing inmates back inside the eight dormitories would have fragmented staff and allowed inmates access to objects, possibly including shanks, that could be used to cause injury. No single building was large enough to hold all of the inmates except the Multi-Purpose Building, which housed a basketball court and had only one entrance. Although this building would have provided shelter, prison officials considered it too dangerous to use under the circumstances because housing the entire inmate population in a space of that size would have created crowded conditions and thwarted their need to maintain complete physical control over the prisoners in the wake of the riot.

While the prisoners waited in the yard, eleven investigators worked around the clock to interview each inmate individually. Other officials conducted an exhaustive search of the entire unit, including all of the living spaces and each prisoner's personal locker, for weapons and other contraband. The investigation lasted four days.

During those four days, the prisoners in the yard were exposed to the elements. The weather was humid, and the peak afternoon temperatures ranged up to 94degrees, with nighttime lows around 70 degrees. Prison officials responded to the heat by "misting" the inmates with fire hoses. On the third day, officials distributed 36 bottles of sunscreen among the more than 600 inmates.

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