Noble v. Adams

646 F.3d 1138, 2011 WL 3275871
CourtCourt of Appeals for the Ninth Circuit
DecidedMarch 17, 2011
DocketNo. 09-17251
StatusPublished
Cited by16 cases

This text of 646 F.3d 1138 (Noble v. Adams) 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
Noble v. Adams, 646 F.3d 1138, 2011 WL 3275871 (9th Cir. 2011).

Opinion

ORDER

With the filing of the Amended Opinion, Pro Se Appellee’s petition for rehearing filed April 8, 2011, is hereby DENIED, no further petitions for rehearing will be accepted.

OPINION

TROTT, Circuit Judge:

Adams and Cuevas are prison officials responsible for a post-riot lockdown of Corcoran State Prison in California. They appeal the district court’s denial of their assertion of qualified immunity against inmate Noble’s claim that the lockdown resulted in a denial of his Eighth Amendment right to outdoor exercise. We have jurisdiction over this timely appeal, and we reverse and remand with instructions to enter judgment in favor of the officials.

Background

During 2002, Noble was a prisoner in the Substance Abuse Treatment Center (“SATF”) at Corcoran State Prison. He is an African-American who was also a “former” street gang member from Los Angeles- — -a “Crip.” Noble was classified as a “Level IV’ inmate, the highest level of custody, and he was housed in Facility C.

Because of a particularly violent armed riot on Facility C’s exercise yard by Afri[1140]*1140can-American prisoners against staff on January 09, 2002, described by the Facility Captain of SATF as the most violent and savage attack he had observed in 20 years, Warden D.G. Adams of the SATF formally declared a state of emergency (approved by the Director of Corrections) and imposed a “lockdown” on the entire prison.1 The riot in the exercise yard, which was started by a Crips gang member, included an attempt by prisoners to kill one of the correction officers and resulted in injuries to 21 staff. Nine staff members were taken to the hospital for evaluation and treatment. The mass assault on staff was an unprecedented event. It was unusual because of the normally antagonistic gangs acting together. The Facility Captain said that this attack on staff was a “life changing event.” According to Noble, “Numerous inmate manufactured weapons were found [after the January, 2002] riot on the Fac. ‘C’ exercise yard.” Noble concedes that Crips directly participated in the attack.

This violent riot occurred only one day after a previous prison-wide lockdown had been lifted, a lockdown caused by intermittent prisoner riots during 2001. Those riots, which involved Hispanic groups, created tension between prison staff and African-American inmates because the latter felt they were being arbitrarily punished for the acts of other groups. As recognized by the district court, “African-American inmates at SATF were dissatisfied with the way they were treated and became openly defiant of authority by being deliberately slow to obey orders or submit to searches.”

The lockdown resulted in the curtailment of outdoor exercise and all regular privileges for all prisoners, including Noble. Because the inmates had directed their attack against staff, increased tension between inmates and staff was a serious concern to those responsible for the safety and security of the prison.

Three months later, prison officials gradually and in measured stages began to resume normalcy. The first step in the process was instituted on April 11, 2002: African-American and white inmates were permitted to have contact visitation with outside visitors. According to prison officials, after it was demonstrated to then-satisfaction that the controlled visiting program was successful, a modified day room access program was instituted on June 14, 2002. On June 25, non-gang affiliated African-American inmates were included in the day room access program.

On June 27, defendant Cuevas met with selected African-American inmates to discuss modifications to the lockdown. The purpose of this meeting was to notify the inmates in Facility C about plans gradually to restore privileges and normalcy. As reflected in a synopsis of the meeting, the selected inmates were told that if the opening of the day room “runs smoothly then dayroom will be open for the remaining black population. If dayroom program is disruptive program [sic] will stop until further notice.” In response to an inmate inquiry as to why the day room was not open to all black inmates, Captain Cuevas’s answer was, “Most of the incidents on Facility C have involved black affiliated [1141]*1141gang members. Start programming with the ones who are not involved, the fairest way. The dayroom will open with nonaffiliated black gang members. Once that shows promise, dayroom will be open for the affiliated black gang members.” He added that opening up the day room for African-Americans not affiliated with a gang was a “stepping-stone,” and that the plan of action in place depended upon “behavior,” which, if positive, would occasion more privileges. At the conclusion of the meeting, one of the inmates advised Captain Cuevas that he was “worried that this is going to fall through.”

On July 8, 2002, all African-American inmates — including gang affiliates were allowed access to the day room program. Finally, on August 1, 2002, all inmates in Facility C were given access to a modified program for outdoor exercise. The next day, as Noble concedes, another riot occurred, this time involving Hispanic prisoners. As a result, full exercise privileges were not restored until April 1, 2003. These facts are beyond dispute.

Captain Comfort, the Facility C official responsible for determining when the lock-down could be lifted, offered this unchallenged explanation of the rigor of this task:

The primary goal of any lockdown, including the one imposed on January 9, 2002, is to determine when it is safe to release the inmates to normal programming. This is not a determination that is easily made, and the consequences for making a mistake can be the resumption of violence, with injuries to inmates and staff.... The investigation of a major incident, including this one, is a long process, complicated by many factors. Initially inmates will not talk to staff, because of the anger, and hostility generated by the incident itself.

Captain Comfort also explained that the general security characteristics of inmates housed in Facility C factored into the officials’ decisionmaking process. “Level IV is the highest [security] level that can be assigned to a general population inmate.... The majority of [Facility C inmates] are there because they have demonstrated through their institutional behavior that they need higher levels of custodial supervision than other Level IV inmates.”

The Lawsuit

Noble, who has not been shown to have participated in the January, 2002 riot, sued pursuant to 42 U.S.C. § 1983 inter alia for alleged violations of his Eighth Amendment right to outdoor exercise. See Lopez v. Smith, 203 F.3d 1122, 1132-33 (9th Cir.2000); Spain v. Procunier, 600 F.2d 189, 199 (9th Cir.1979). The focus of his claim covers the period beginning with the January 9, 2002 riot, and ending April 1, 2003. This appeal comes from the district court’s denial of the prison officials’ motion (1) for summary judgment on the merits, and (2) for qualified immunity asserted on the ground that a prisoner’s right to outdoor exercise during a lockdown imposed in the aftermath of a prison riot was not “clearly established” in 2002.

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Cite This Page — Counsel Stack

Bluebook (online)
646 F.3d 1138, 2011 WL 3275871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noble-v-adams-ca9-2011.