Frederick Hoptowit v. John Spellman, 753 F.2d 779 (9th Cir. 1985). · Go Syfert
Frederick Hoptowit v. John Spellman, 753 F.2d 779 (9th Cir. 1985). Cases Citing This Book View Copy Cite
231 citation events (143 in the last 25 years) across 53 distinct courts.
Strongest positive: Hu Honua Bioenergy, LLC v. Hawaiian Electric Industries, Inc. (hid, 2025-04-17)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hu Honua Bioenergy, LLC v. Hawaiian Electric Industries, Inc.
D. Haw. · 2025 · quote attribution · 1 verbatim quote · confidence high
when two or three motions are presented to a court, it has discretion to decide the order in which it would consider and decide them.
examined Cited as authority (verbatim quote) Hicks v. Grimmway Enterprises, Inc.
S.D. Cal. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
surely, when two or three motions are presented to a court, it has discretion to decide the order in which it would consider and decide them. a 27 party claiming abuse of that discretion has a heavy burden of persuasion.
examined Cited as authority (verbatim quote) Edwards v. Hutchings
D. Nev. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
prisoners have the right 5 not to be subjected to the unreasonable threat of injury or death by fire and need not wait until 6 actual causalities occur in order to obtain to obtain relief from such conditions.
discussed Cited as authority (verbatim quote) Scott v. Woods
D.S.C. · 2022 · quote attribution · 1 verbatim quote · confidence high
adequate lighting is one of the fundamental attributes of 'adequate shelter' required by the eighth amendment.
examined Cited as authority (verbatim quote) Johnson v. Moore
D. Nev. · 2022 · quote attribution · 1 verbatim quote · confidence high
plumbing at the penitentiary is in such disrepair 3 as to deprive inmates of basic elements of hygiene and seriously threaten their physical and mental 4 well-being. such conditions amount to cruel and unusual punishment under the eighth 5 amendment.
examined Cited as authority (verbatim quote) Strom v. Cain
D. Or. · 2021 · quote attribution · 1 verbatim quote · confidence high
failure to provide adequate cell cleaning supplies, under circumstances such as these, deprives inmates of tools necessary to maintain minimally sanitary cells, seriously threatens their health, and amounts to a violation of the eighth amendment.
discussed Cited as authority (verbatim quote) (PC) Zackery v. Eldridge
E.D. Cal. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
not 3 every deviation from ideally safe conditions amounts to a constitutional violation.
examined Cited as authority (verbatim quote) (PC) Dillingham v. Emerson (2×) also: Cited as authority (quoted)
E.D. Cal. · 2019 · quote attribution · 2 verbatim quotes · confidence high
prisoners have the right not to be subjected to the 1 unreasonable threat of injury or death by fire and need not wait until actual casualties occur in 2 order to obtain relief from such conditions.
discussed Cited as authority (verbatim quote) Laube v. Haley
M.D. Ala. · 2002 · quote attribution · 1 verbatim quote · confidence high
lack of adequate ventilation and air flow undermines the health of inmates and the sanitation of the penitentiary ... violating the minimum requirements of the eighth amendment
examined Cited as authority (quoted) Dawson v. Asher (2×) also: Cited "see, e.g."
W.D. Wash. · 2020 · quote attribution · 1 verbatim quote · confidence low
failure to provide adequate cell cleaning supplies, under 1 circumstances such as these, deprives inmates of tools necessary to maintain minimally 2 sanitary cells, seriously threatens their health, and amounts to a violation of the eighth 3 amendment.
discussed Cited as authority (rule) Cedric Strickland v. G. Matteson, et al.
E.D. Cal. · 2025 · confidence medium
The Eighth Amendment requires prison officials to “ensure that inmates receive 15 adequate food, clothing, shelter, and medical care,” and to “‘take reasonable measures to 16 guarantee the safety of the inmates.’” Id. (quoting Hudson v Palmer, 468 U.S. 517 , 526-27 17 (1984)). 18 A prisoner asserting an Eighth Amendment claim based on a safety hazard must show not 19 only a hazardous condition posing a threat to his safety, but also some additional condition 20 exacerbating that threat, which standard is sometimes referred to as “danger-plus.” See Morgan 21 v. Morgensen, 465 F.…
discussed Cited as authority (rule) Eric X. Murillo v. West County Detention Facility, et al. (2×) also: Cited "see, e.g."
N.D. Cal. · 2025 · confidence medium
Inadequate ventilation and air flow violates the Eighth Amendment if it “‘undermines the health of inmates and the sanitation of the penitentiary.’” Keenan, 83 F.3d at 1090 (quoting Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1984)); see, e.g., id. (plaintiff’s allegations that cell permeated with air saturated with fumes of feces, urine and vomit sufficient to defeat summary judgment).
discussed Cited as authority (rule) (PC) Spencer v. Milan
E.D. Cal. · 2025 · confidence medium
Conditions of Confinement 22 “Not every deviation from ideally safe conditions amounts to a constitutional violation.” 23 Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985). “[P]oorly maintained surfaces, wet 24 floors, and leaky roofs do not generally pose a substantial risk of serious harm, and are instead 25 claims fundamentally sounding in negligence—which is insufficient to violate the Eighth 26 Amendment as a matter of law.” Miranda v. Madden, at *5 (S.D.
cited Cited as authority (rule) (PC) Singh v. CDCR
E.D. Cal. · 2025 · confidence medium
“Persons involuntarily 5 confined by the state have a constitutional right to safe conditions of confinement.” Hoptowit v. 6 Spellman, 753 F.2d 779, 784 (9th Cir. 1985).
cited Cited as authority (rule) AMERSON v. OLIVER
M.D. Ga. · 2025 · confidence medium
“Adequate lighting is one of the fundamental attributes of ‘adequate shelter’ required by the Eighth Amendment.” Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 1985).
discussed Cited as authority (rule) Welch v. Daniels
D. Nev. · 2025 · confidence medium
Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985). 7 Here, Defendants claim the R&R applies an inmate’s Eighth Amendment right to 8 protection from exposure to serious disease at too high a level of generality.
discussed Cited as authority (rule) Williams v. Allison
S.D. Cal. · 2025 · confidence medium
The second 13 requirement, that the defendants acted “under color of state law,” is satisfied here given all 14 the defendants “may fairly be said to be” “state actor[s],” and Williams is an inmate “for 15 whom the State is responsible.” See West v. Atkins, 487 U.S. 42, 49 (1988). 16 As to the first requirement, Williams alleges that the defendants violated his Eighth 17 Amendment “right to be free from cruel and unusual punishment.” (ECF 1, at 4.) To 18 succeed, Williams must show that the officials acted with “deliberate indifference” to a 19 “substantial risk of se…
discussed Cited as authority (rule) Rogers v. King County
W.D. Wash. · 2025 · confidence medium
No. 116 at 7–23.) Within 5 prisons, inadequate “ventilation and air flow” violates the Eighth Amendment if it “undermines 6 the health of inmates and the sanitation of the penitentiary.” Keenan v. Hall, 83 F.3d 1083 , 1090 7 (9th Cir. 1996), opinion amended on denial of reh'g, 135 F.3d 1318 (9th Cir. 1998) (quoting 8 Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir.1985)).
cited Cited as authority (rule) (PC) White v. Decker
E.D. Cal. · 2025 · confidence medium
See generally Anderson v. Cty. of Kern, 45 F.3d 1310, 1314 (9th Cir. 1995); 4 Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 1985). 5 IV.
discussed Cited as authority (rule) Caffey 742995 v. Schroeder
W.D. Mich. · 2024 · confidence medium
Under the Eighth Amendment “[p]risoners have the right not to be subjected to the unreasonable threat of injury or death by fire and need not wait until actual casualties occur in order to obtain relief from such conditions.” Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir.1985); see also Johnson v. Tex. Bd. of Criminal Justice, 281 F. App’x 319, 321 (5th Cir. 2008) (per curiam) (noting that “[t]he Eighth Amendment requires that prison officials provide adequate fire safety to inmates”).
discussed Cited as authority (rule) Fernandez-Morales v. Gazzini (2×) also: Cited "see"
D. Nev. · 2024 · confidence medium
The maintenance 2 department allegedly only changed the lights after Fernandez-Morales fell, and he never 3 received a ladder. 4 “Adequate lighting is one of the fundamental attributes of ‘adequate shelter’ 5 required by the Eight Amendment.” Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 6 1985).
discussed Cited as authority (rule) Blanchard v. Hyatte (2×) also: Cited "see"
N.D. Ind. · 2024 · confidence medium
In support, the court relied on the Ninth Circuit’s holding that “adequate lighting is one of the fundamental attributes of adequate shelter required by the Eighth Amendment.” Id. (citing Keenan v. Hall, 83 F.3d 1083, 1090 (9th Cir. 1996); Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 1985) (internal quotations omitted)).
cited Cited as authority (rule) Miller v. Winner
D. Mont. · 2024 · confidence medium
“Not every deviation from ideally safe conditions amounts to a constitutional violation.” Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985).
cited Cited as authority (rule) (PC) Venegas v. Mendoza
E.D. Cal. · 2024 · confidence medium
Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 1985) (“The health hazard 17 caused by vermin at the penitentiary is exacerbated by the plumbing and ventilation 18 inadequacies.
discussed Cited as authority (rule) Mitchell v. Brittain
M.D. Penn. · 2023 · confidence medium
Only after he has properly presented his constitutional claims to prison administrators and exhausted the administrative process can he turn to a civil rights lawsuit in federal court.72 encouraging the development of an administrative record, and perhaps settlements, within the inmate grievance process, and reducing the burden on the federal courts by erecting barriers to frivolous prisoner lawsuits” (internal quotation marks and citation omitted)). 68 That is, of course, assuming that Mitchell is seeking such relief, as his amended complaint is silent as to his requested relief as well. 69…
cited Cited as authority (rule) (PC) Allen v. Matteson
E.D. Cal. · 2023 · confidence medium
“Persons involuntarily confined by the state have a constitutional 21 right to safe conditions of confinement.” Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 22 1985).
discussed Cited as authority (rule) Consumer Financial Protection Bureau v. Nexus Services, Inc.
W.D. Va. · 2023 · confidence medium
And generally, when multiple motions are presented to the court, “it has discretion to decide the order in which it [will] consider and decide them.” E.g., Hoptowit v. Spellman, 753 F.2d 779, 782 (9th Cir. 1985); see also Ryan v. Gonzales, 568 U.S. 57, 74 (2013) (“We do not presume that district courts need unsolicited advice from us on how to manage their dockets.”).
cited Cited as authority (rule) Delena v. Lara
S.D. Cal. · 2023 · confidence medium
Cal. Feb. 3, 2011) (“not every 21 deviation from ideally safe conditions amounts to a constitutional violation”) (quoting 22 Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985)).
discussed Cited as authority (rule) Gladney v. Rossberg
N.D. Cal. · 2023 · confidence medium
West v. Atkins, 487 U.S. 42, 48 (1988). 12 LEGAL CLAIMS 13 Plaintiff alleges that he was provided inadequate lighting in his cell. “‘Adequate lighting is 14 one of the fundamental attributes of “adequate shelter” required by the Eighth Amendment.’” 15 Keenan v. Hall, 83 F.3d 1083, 1090 (9th Cir. 1996), amended, 135 F.3d 1318 (9th Cir. 1998) 16 (quoting Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 1984)).
discussed Cited as authority (rule) Smith v. Godinez
N.D. Ill. · 2023 · confidence medium
Some other admissible evidence is therefore needed to reasonably infer that Mr. Smith’s allergic reactions and infections were caused by mold and not some other condition at Stateville, such as the grass Mr. Smith mows as a groundskeeper. " Lighting. “[S]ufficient or ‘adequate lighting is one of the fundamental attributes of “adequate shelter” required by the Eighth Amendment.’” Chappell v. Mandeville, 706 F.3d 1052, 1057 (9th Cir. 2013) (quoting Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 1985)).
discussed Cited as authority (rule) PUMBA v. MILLER
E.D. Pa. · 2022 · confidence medium
Jan. 6, 2014) (noting that “[s]ome federal courts have held that the constitutional requirement of adequate shelter for a prisoner includes adequate lighting” (citing Hoptowitz v. Spellman, 753 F.2d 779, 783 (9th Cir. 1985))).
discussed Cited as authority (rule) (PC) Penn v. Warden of Kern Valley State Prison
E.D. Cal. · 2021 · confidence medium
“Adequate lighting is one of the fundamental attributes of adequate shelter 9 required by the Eighth Amendment.” Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 1985) 10 (plaintiff stated an Eighth Amendment claim where “the lighting was so poor that it was inadequate 11 for reading and caused eyestrain and fatigue and hindered attempts to ensure that basic sanitation 12 was maintained”); see also Jackson v. Cash, No. EDCV 14-02384-JVS (DTB), 2016 U.S. Dist. 13 LEXIS 150680 , at *10 (C.D.
discussed Cited as authority (rule) Carl Simon v. Corrections Corporation of America (n/k/a CoreCivic., Inc.)
D.V.I. · 2021 · confidence medium
The Magistrate Judge recommends that Count 7 be dismissed without prejudice, but the Court disagrees. “[T]he constitutional requirement of adequate shelter for an inmate includes the provision of adequate lighting.” Bacon v. Minner, 229 F. App'x 96, 100 (3d Cir. 2007) (citing Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 1985)).
discussed Cited as authority (rule) Monical v. Winters (2×) also: Cited "see"
D. Or. · 2021 · confidence medium
“Adequate lighting is one of the fundamental attributes of ‘adequate shelter’ required by the Eighth Amendment.” Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 1985); see also Martino v. Carey, 563 F. Supp. 984, 1000 (D.
discussed Cited as authority (rule) (PC) Kyle Nargiz v. Sherman
E.D. Cal. · 2021 · confidence medium
However, “a lack of sanitation 9 that is severe or prolonged can constitute an infliction of pain within the meaning of the Eighth 10 Amendment.” Anderson v. Cnty. of Kern, 45 F.3d 1310, 1314 (9th Cir. 1995); see also Johnson, 11 217 F.3d at 731-32; Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 1985).
examined Cited as authority (rule) Schwerdtfeger v. Paramo (3×) also: Cited "see, e.g."
S.D. Cal. · 2021 · confidence medium
Incarcerated persons “have a constitutional right to safe 18 conditions of confinement.” Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985). 19 “This is required because inmates, by reason of their confinement, cannot provide for their 20 own safety.” Id. (citations omitted); see also Morgan, 465 F.3d at 1045 (“Incarceration 21 itself renders prisoners dependent upon their keepers and ‘strip[s] them of virtually every 22 means of self-protection.’” (quoting Farmer v. Brennan, 511 U.S. 825, 833 (1994))). 23 “Not every deviation from ideally safe conditions amounts to a co…
cited Cited as authority (rule) Astorga v. Leavenworth County Sheriff
Kan. Ct. App. · 2020 · confidence medium
See McBride v. Deer, 240 F.3d 1287, 1292 (10th Cir. 2001); Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985).
discussed Cited as authority (rule) Johnson v. Southern Desert Correctional Center
D. Nev. · 2020 · confidence medium
(ECF No. 48 at 6.) However, “[p]risoners 8 have the right not to be subjected to the unreasonable threat of injury or death by fire and 9 need not wait until actual casualties occur in order to obtain relief from such conditions.” 10 Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985).5 Defendants thus fail to show 11 the Court clearly erred in its analysis of Plaintiff’s conditions of confinement claims. 12 Defendants further contend the Court committed clear error by finding that allegedly 13 “conclusory and self-serving” statements in Plaintiff’s verified complaint and attac…
discussed Cited as authority (rule) (PC) Hayde v. Zamora
E.D. Cal. · 2020 · confidence medium
Farmer v. Brennan, 511 U.S. 5 825, 832 (1994); Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985) (stating prisoners have 6 constitutional right to safe conditions of confinement and adequate level of personal safety); see 7 Hoptowit v. Ray, 682 F.2d 1237, 1258 (9th Cir. 1982) overruled on other grounds by Sandin v. 8 Conner, 515 U.S. 472 (1995).
discussed Cited as authority (rule) Perdomo v. Plumber
N.D. Cal. · 2020 · confidence medium
Plaintiff 23 has submitted sufficient caselaw showing that the law is clearly established in this regard. 24 See Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985); Ramos v. Lamm, 639 F.2d 25 559, 568 (10th Cir. 1980); Gates v Cook, 376 F.3d 323, 340-41 (5th Cir. 2004). 26 Accordingly, he has met his burden of proving the existence of a “clearly established” 1 Accordingly, Defendants are not entitled to qualified immunity because the allegations 2 against them are not merely “bald” or “conclusory.” See Iqbal, 556 U.S. at 675-84 . 3 Rather, there is evidence that plausibly sugg…
discussed Cited as authority (rule) (PC) Adcock v. Burton
E.D. Cal. · 2020 · confidence medium
However, “a lack of sanitation that is severe or prolonged can constitute 15 an infliction of pain within the meaning of the Eighth Amendment.” Anderson v. County of 16 Kern, 45 F.3d 1310, 1314 (9th Cir. 1995); see also Lewis, 217 F.3d at 731-32 ; Hoptowit v. 17 Spellman, 753 F.2d 779, 783 (9th Cir. 1985). 18 Plaintiff’s claim concerning roaches appears unavailing.
discussed Cited as authority (rule) Miranda v. Madden
S.D. Cal. · 2020 · confidence medium
See e.g., Helling v. 3 McKinney, 509 U.S. 25, 35 (1993) (finding that prisoner “state[d] a cause of action under 4 the Eighth Amendment by alleging that petitioners ha[d], with deliberate indifference, 5 exposed him to levels of ETS [Environmental Tobacco Smoke] that pose[d] an 6 unreasonable risk of serious damage to his future health.”); Robinson v. Prunty, 249 F.3d 7 862, 867 (9th Cir. 2001) (finding prison officials’ alleged awareness of and indifference 8 to a serious risk of frequent violent racial outbreaks, coupled by their alleged joking, and 9 followed by a failure to intervene…
discussed Cited as authority (rule) (PC) Quair v. Board of Supervisors
E.D. Cal. · 2020 · confidence medium
Oregon Advocacy Center v. 2 Mink, 322 F.3d 1101, 1120 (9th Cir. 2003). “[S]ubjection of a prisoner to lack of sanitation that 3 is severe or prolonged can constitute an infliction of pain within the meaning of the Eighth 4 Amendment.” Anderson v. Cty. of Kern, 45 F.3d 1310, 1314 (9th Cir. 1995); see also Johnson, 5 217 F.3d at 731–32; Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 1985).
discussed Cited as authority (rule) (PC) Millare v. Murphy
E.D. Cal. · 2020 · confidence medium
What is less clear is whether the light in plaintiff’s cell was so deficient that it may form 18 the basis of an Eighth Amendment claim. 19 “Adequate lighting is one of the fundamental attributes of ‘adequate shelter’ required by 20 the Eighth Amendment.” Hoptowit v. Spellman, 753 F.2d 779, 783 (9th Cir. 1985).
discussed Cited as authority (rule) (PC) Birks v. Fox
E.D. Cal. · 2020 · confidence medium
Osolinski v. Kane, 92 F.3d 934 , 6 938 (9th Cir. 1996) (citing Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985)). 7 Plaintiff offers the conclusory allegation that defendants Crisostomo and Moua had 8 “personal knowledge” of the hazardous ceiling.
discussed Cited as authority (rule) MARTZ v. CAMDEN COUNTY BOARD OF CHOSEN FREEHOLDERS
D.N.J. · 2019 · confidence medium
Inadequate ventilation and air flow are unconstitutional if they “undermine 4 See DE 69-3 at 104 (Warden Taylor testified at deposition, inter alia: that inmates complained “that they don’t like the food, but [not about] the quality”; that she never received a complaint about rodent droppings in food; that CCCF contacted a pest control company when the facility received inmate complaints about vermin in the kitchen; and inmate complaints about seeing kitchen rodents ceased after CCCF used a pest control company to eradicate the vermin). 18 the health of inmates and the sanitation of th…
discussed Cited as authority (rule) Dawes v. The People of the State of California
S.D. Cal. · 2019 · confidence medium
“Inadequate ‘ventilation and air flow’ 27 violates the Eighth Amendment if it ‘undermines the health of inmates and the sanitation 28 of the penitentiary.’” Keenan v. Hall, 83 F.3d 1083, 1090 (9th Cir. 1996), amended, 135 1 F.3d 1318 (9th Cir. 1998) (quoting Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 2 1985)). 3 However, Plaintiff has failed to allege facts sufficient to plausibly show that any of 4 the named Defendants acted with the “deliberate indifference” required to support the 5 subjective component of his Eighth Amendment claim.
discussed Cited as authority (rule) (PC) Green v. Chamberlain
E.D. Cal. · 2019 · confidence medium
Plaintiff states the 25 chair was “hazardly [sic] digging into his lower back causing pain and injury.” This circuit, however, in finding defective devices may support 26 Eighth Amendment claims, has done so in situations where a prison or work condition “exacerbated the inherent dangerousness of an already- 27 existing hazard, such that those hazards ‘seriously threatened the safety and security of inmates.’” Osolinski v. Kane, 92 F.3d 934, 938 (9th Cir. 28 1996) (quoting Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985). 1 However, there is a void of allegations indicating …
discussed Cited as authority (rule) O'Brien v. Garcia
S.D. Cal. · 2019 · confidence medium
“Inadequate ‘ventilation and air flow’ violates the Eighth Amendment if it 12 ‘undermines the health of inmates and the sanitation of the penitentiary.’” Keenan v. 13 Hall, 83 F.3d 1083, 1090 (9th Cir. 1996), amended, 135 F.3d 1318 (9th Cir. 1998) 14 (quoting Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985)). 15 Here, Plaintiff alleges his cell vents “are causing [him] to have headaches, 16 nosebleeds, and breathing difficulties,” see Compl., ECF No. 1 at 12, and that the toxicity 17 of the debris in his vents was exacerbated by an October 2018 fire that broke out in 18 …
discussed Cited as authority (rule) Sears v. Las Vegas Metro Police Department
D. Nev. · 2019 · confidence medium
(Id. at 6). 17 Under the Eighth Amendment, “Persons involuntarily confined by the state have a constitutional 18 right to safe conditions of confinement.” Hoptowit v. Spellman, 753 F.2d 779, 784 (9th Cir. 1985).
Retrieving the full opinion text from the archive…
Frederick HOPTOWIT, Et Al., Plaintiffs-Appellees,
v.
John SPELLMAN, Et Al., Defendants-Appellants
83-4284.
Court of Appeals for the Ninth Circuit.
Feb 12, 1985.
753 F.2d 779
1985 U.S. App. LEXIS 28719
Timothy K. Ford, American Civil Liberties Union, Richard P. Blumberg, Mark & Blumberg, Seattle, Wash., for plaintiffs-ap-pellees., William C. Collins, Sr. Asst. Atty. Gen., Dept. of Corrections, Olympia, Wash., for defendants-appellants.
Duniway, Ferguson, Nelson.
Cited by 180 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 79%
Citer courts: E.D. California (1) · W.D. Washington (1)
[*781] DUNIWAY, Circuit Judge:

This is the second appeal in this case. In the prior appeal, Hoptowit v. Ray, 9 Cir., 1982, 682 F.2d 1237 (Hoptowit I), we affirmed in part, reversed in part, and remanded for further proceedings. Our decision in Hoptowit I is the law of the case, see Planned Parenthood of Central and Northern Arizona v. Arizona, 9 Cir., 1983, 718 F.2d 938, 949; Moore v. Jas. H. Matthews & Co., 9 Cir., 1982, 682 F.2d 830, 833-35, and we are required to follow it, absent special considerations that are not present here. In this opinion we assume that the reader is familiar with our decision in Hoptowit I.

I. Failure to Reopen the Record.

After our mandate went down, the trial judge set a date for a hearing on the remanded issues, in November, 1982. Shortly before that hearing, the State had filed a motion for declaratory judgment, asking the court to declare that the penitentiary meets or exceeds the constitutional minima in areas including physical brutality and medical care. At the opening of the hearing the State asked the district court to determine whether or not it was in compliance in those areas. The state also moved for relief from the judgment under Fed.R.Civ.P. 60(b) on the ground that conditions at the penitentiary had improved. The judge allowed the State to file evidence relating to the issue of changed circumstances, but ruled that the appropriate time to consider such evidence would be at a later compliance hearing. He limited the hearing “to entering] an order in conformance with the Ninth Circuit.” The judge entered the Order on Remand in May, 1983, and the State appeals.

The State argues that it was error for the district court to refuse to conduct a hearing regarding alleged new defendants and changed circumstances before issuing its order on remand. We hold that the district court did not abuse its discretion.

A. New Defendants.

The State argues that the named defendants have been succeeded by others, and, therefore, the district court erred by failing to conduct a hearing to determine whether the new administration has continued and will continue the unconstitutional practices of its predecessors. The State maintains that such a hearing is required under Mayor of City of Philadelphia v. Education Equality League, 1974, 415 U.S. 605, 94 S.Ct. 1323, 39 L.Ed.2d 630, and Spomer v. Littleton, 1974, 414 U.S. 514, 94 S.Ct. 685, 38 L.Ed.2d 694.

The complaint named as defendants the Governor of the State of Washington, the Secretary of its Department of Social and Health Services (the agency responsible for the operation of the penitentiary at that time), as well as various officials within the Corrections Division of that Department. The complaint named these defendants in both their personal and official capacities. The State says that each of the named defendants has either left office or changed position. It also says that, in 1981, a new Department of Corrections was created to administer the Washington State adult corrections program.

Those changes did not require the district court to reopen the record before issuing its order on remand. First, the two defendants principally responsible for the administration of the penitentiary remain in control; they have simply been promoted. Lawrence Kinchloe, formerly the Associate Superintendent, is now the Superintendent. James Spaulding, formerly the Superintendent, is now the Deputy Director of the Division of Prisons of the new Department of Corrections.

Second, the successors of the named defendants, although not named, are themselves parties by reason of Fed.R.Civ.P. 25(d)(1):

When a public officer is a party to an action in his official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party.

The State argues that, despite this rule, an injunction cannot be issued against a[*782] successor to public office without “supplemental findings of fact indicating that the new officer will.continue the practices of his predecessor," Mayor, supra, 415 U.S. at 622, 94 S.Ct. at 1334, citing Spomer, supra. Cases in other circuits have applied the Mayor-Spomer analysis. See Kincaid v. Rusk, 7 Cir., 1982, 670 F.2d 737, 741; A.C.L.U. v. Finch, 5 Cir., 1981, 638 F.2d 1336,1345-47. But see Santiago v. Corporacion de Renovacion, etc., 1 Cir., 1977, 554 F.2d 1210, 1213. However, Mayor and Spomer involved circumstances quite different from those here. Mayor was “a case devoted exclusively to the personal appointment policies of [the new mayor’s] predecessor.” Mayor, supra, 415 U.S. at 613, 94 S.Ct. at 1329. Spomer involved alleged racial discrimination by a former State’s Attorney. As the Court said, “[t]he wrongful conduct charged in the complaint is persona] to [the former official], despite the fact that he was also sued in his then capacity as State’s Attorney.” Spomer, supra, 414 U.S. at 521, 94 S.Ct. at 689.

In this case, most of the evidence does not relate to the personal conduct of the principal named defendants. In Hoptowit I, we affirmed various findings of fact concerning institutional practices and physical conditions at the penitentiary. These are facts “from which the continuation of the dispute is a reasonable inference,” Ciudadanos Unidos de San Juan v. Hidalgo County Grand Jury Commissioners, etc., 5 Cir., 1980, 622 F.2d 807, 822, and not merely “idiosyncratic abuses of the particular members of the outgoing administration,” A.C .L.U. v. Finch, supra, 638 F.2d at 1346-47. This case fits squarely within the principle stated in the Advisory Committee Notes to Rule 25(d)(1):

In general it will apply whenever effective relief would call for corrective behavior by- the one then having official status and power, rather than the one who has lost that status and power through ceasing to hold office.

Moreover, we do not read the record as showing a fixed determination by the judge that all of the named defendants' successors must be kept in the case as defendants. Rather, we conclude that, at most, the record only shows that the court elected to decide, first, what findings it should make and what conclusions it should reach in the light of our remand in Hoptow-it I, and then decide what it should do in response to the successors’ arguments. Surely, when two or three motions are presented to a court, it has discretion to decide the order in which it would consider and decide them. A party claiming abuse of that discretion has a heavy burden of persuasion. We do not think that the burden has been met here.

B. Changed Circumstances.

The State argues that the district court abused its discretion by failing to reopen the record in the light of the time which had elapsed between trial (May, 1980) and the Order on Remand (May, 1983) and in the light of alleged improvements at the penitentiary. We disagree.

1. The motion was deficient.

The motion did not comply with the Rules of the United States District Court for the Eastern District of Washington. E.D. Local Rule 11(c) requires that a moving party serve and file a memorandum of points and authorities “with the motion ” (original italics). The State’s motion for Declaratory Judgment was filed before the remand hearing. However, the State did not file its accompanying brief until after the hearing had taken place. Under E.D. Local Rule ll(i),

A failure to timely file a memorandum of points and authorities in support of or in opposition to any motion may be considered by the Court as consent on the part of the party failing to file such memorandum to the entry of an order adverse to counsel in default.
2. The court did not abuse its discretion.

During the hearing the State again raised its claims in a motion for relief from the judgment under Fed.R.Civ.P. 60(b).[*783] Such a motion is addressed to the discretion of the district court. Martella v. Marine Cooks & Stewards U., 9 Cir., 1971, 448 F.2d 729, 730.

The district court correctly explained that the purpose of the remand hearing was to follow the instructions of this court and order an appropriate remedy for Eighth Amendment violations found at the penitentiary. The court acted within its discretion in refusing to review the State’s evidence of alleged compliance until after the issuance of the order on remand.

II. Eighth Amendment Violations.

In its original opinion, the district court found that various aspects of the penitentiary’s “old, dilapidated, and ill-maintained” physical plant have “serious health implications.” Hoptowit I, 682 F.2d at 1256. More specifically, the district judge found: overcrowding, substandard lighting, unsatisfactory plumbing, substandard fire prevention, substandard food service, vermin infestation, lack of an effective maintenance program, inadequate ventilation, safety hazards in the occupational areas, unavailable or inadequate cell cleaning supplies. We affirmed these findings of fact, except the finding regarding overcrowding. Id.

On the basis of these findings, the district court concluded that “the general condition of [the penitentiary’s] physical facilities when considered in their totality ... falls below minimum standards of decency and conditions of confinement and violates [plaintiffs’ Eighth Amendment rights.” Id. We reversed this conclusion of law on the ground that the district court improperly applied the “totality of conditions” analysis. We instructed the district court on remand to “consider each finding and decide whether each condition amounts to an unnecessary and wanton infliction of pain.” Id. We added: “Of course, each condition can be considered in light of other conditions.” Id.

The district court followed this direction, and concluded that each of several of the conditions did violate the Eighth Amendment. On this appeal, the State attacks the district court’s legal conclusions as to several of these conditions. We review these conclusions de novo. Hoptowit I, 682 F.2d at 1245.

A. Inadequate Lighting.

Adequate lighting is one of the fundamental attributes of “adequate shelter” required by the Eighth Amendment. The district court’s conclusion that the lighting at the penitentiary violated the amendment is based upon evidence that the lighting was so poor that it was inadequate for reading and caused eyestrain and fatigue and hindered attempts to insure that basic sanitation was maintained. We uphold the district court’s conclusion.

B. Plumbing.

Plumbing at the penitentiary is in such disrepair as to deprive inmates of basic elements of hygiene and seriously threaten their physical and mental well-being. Such conditions amount to cruel and unusual punishment under the Eighth Amendment. Ramos v. Lamm, 10 Cir., 1980, 639 F.2d 559, 567-69; Gates v. Collier, 5 Cir., 1974, 501 F.2d 1291, 1300-03. We uphold the district court’s conclusion.

C. Vermin.

The district court found vermin infestation throughout the prison. It concluded that such a condition is inconsistent with the adequate sanitation required by the Eighth Amendment. We agree. The health hazard caused by vermin at the penitentiary is exacerbated by the plumbing and ventilation inadequacies. Such vermin infestation, properly considered in the light of unsanitary conditions such as standing water, flooded toilets and sinks, and dank air, is an unnecessary and wanton infliction of pain proscribed by the Eighth Amendment.

D. Fire Safety.

The district court concluded that the substandard fire prevention at the[*784] penitentiary endangered the prisoners’ lives and therefore violated the Eighth Amendment. Prisoners have the right not to . be subjected to the unreasonable threat of injury or death by fire and need not wait until actual casualties occur in order to obtain relief from such conditions. Leeds v. Watson, 9 Cir., 1980, 630 F.2d 674, 675-76.

E. Ventilation and Air Flow.

The lack of adequate ventilation and air flow undermines the health of inmates and the sanitation of the penitentiary, see Ramos, supra, 639 F.2d at 569. We agree with the district court’s conclusion that the condition violates the minimum requirements of the Eighth Amendment. Id. at 568.

F. Safety Hazards.

The district court found “serious” safety hazards in the occupational areas.

Persons involuntarily confined by the state have a constitutional right to safe conditions of confinement. See Youngberg v. Romeo, 1982, 457 U.S. 307, 315-16,102 S.Ct. 2452, 2458, 73 L.Ed.2d 28; Santana v. Collazo, 1 Cir., 1983, 714 F.2d 1172, 1183. Not every deviation from ideally safe conditions amounts to a constitutional violation, see, e.g., Santana at 1183. However, the Eighth Amendment entitles inmates in a penal institution to an adequate level of personal safety. This is required because inmates, by reason of their confinement, cannot provide for their own safety. Santana, supra, 714 F.2d at 1183. See also Estelle v. Gamble, 1976, 429 U.S. 97, at 103-04, 97 S.Ct. 285, 290-91, 50 L.Ed.2d 251. We conclude that the safety hazards found throughout the penitentiary’s occupational areas, exacerbated by the institution’s inadequate lighting, seriously threaten the safety and security of inmates and create an unconstitutional infliction of pain.

G. Inadequate Cell Cleaning Supplies.

This problem must be evaluated in the light of the overall squalor at the penitentiary. Failure to provide adequate cell cleaning supplies, under circumstances such as these, deprives inmates of tools necessary to maintain minimally sanitary cells, seriously threatens their health, and amounts to a violation of the Eighth Amendment. See Ramos, supra, 639 F.2d at 570.

H. Segregation and Protective Custody.

The State challenges portions of the district court’s order on remand regarding physical plant aspects of segregation and protective custody units at the penitentiary. It does not challenge this order with respect to the penitentiary’s isolation units. Although the State considers segregation and protective custody together, the district court considered them separately, and so do we.

I. Segregation.

In Hoptowit I, at 1257, we set out the judge’s findings relating to segregation. We do not repeat them here. We held that they were not clearly erroneous. On remand, the judge made similar findings, omitting two, numbered 4 and 6, comparing segregation to isolation, and stating the difficulty prisoners have in working their way out of segregation. The new findings are still not clearly erroneous.

2. Protective custody.

In its brief, the State says:

“The protective custody findings on remand do not specifically mention physical plant conditions.” Here is what the findings say:
25. Conditions in the protective custody section of WSP exhibit the same or greater deficiencies as conditions elsewhere in the penitentiary area and failed to adequately promote the purposes for which protective custody exists. These conditions cause the prisoners housed in protective custody to live in an atmosphere of fear, vulnerability, and frustration.

We do not understand the State’s position.

The judge also found that protective custody guards regularly subjected protective[*785] custody prisoners to harassment and racial slurs and threatened to return those prisoners to the general population. The State does not attack this finding, which we held not clearly erroneous in Hoptowit I, at p. 1257. We have not changed our minds.

III. Relief.

The State argues that the following portions of the district court’s order on remand, relating to physical plant, segregation and protective custody, are overbroad:

[Penitentiary] officials shall operate and maintain the penitentiary physical plant so that inmates receive adequate food, shelter, clothing, sanitation, medical care and personal safety.
[Penitentiary] officials shall provide inmates in protective custody ... [and] segregation ... with adequate food, clothing, shelter, sanitation, personal safety and medical care.

We agree.

There is no finding that there was not adequate food or adequate clothing in the prison. To that extent the order is over-broad. Moreover, while the court’s language is taken almost verbatim from our opinion in Hoptowit I, at p. 1258, and appears verbatim in Wolfish v. Levi, 2 Cir., 1978, 573 F.2d 118, 125, which we cited, it does not follow that it is good language to embody in an injunction.

We agree with the view that the court should not try to tell the administrators of the prison how to cure the unconstitutional conditions that the court found. The administrators presumably know more about how to run a prison, and how to improve conditions there, than the judge does. Doing those things is their business, not that of the court. The court was wise in not trying to take over the management of the prison.

However, as we said in Hoptowit I, the judge “must order the correction of specific violations ... and may require only that these corrections bring the conditions above constitutional minima.” Hoptowit I, supra, 682 F.2d at 1257. The injunction should refer to the specific violations and order their correction. It need not tell the defendants how to do the correcting. The court can, and perhaps should, monitor what is being done in response to the order. That is a question for the district court to decide. As we said in Hoptowit I, the remedy should be “tailored to correct the specific violation and no more obtrusive than to satisfy the constitutional minima,” p. 1258. The judge should do some cutting and fitting.

IV. Conclusion.

We affirm the district court’s findings of fact and conclusions of law. We vacate the following provisions of the court’s order of May 20, 1983:

Part IV, paragraph 7, and Part V, paragraph 8. In all other respects, we affirm the order. The case is remanded to the district court for further proceedings consistent with this opinion. The appropriate individuals who have succeeded the defendants originally named should be brought into the case, and named as defendants. The injunction may also be phrased to run against other successors who may take office hereafter.

Affirmed in part, vacated in part, and remanded.