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Lack of Exercise Claim Survives Motion to Dismiss, but not Summary Judgment

Loaded on Dec. 15, 2009

Filed under: Prison Rebellion, Exercise, Lockdowns, Civil Procedure, Summary Judgment, Frivolous Litigation. Location: California.

U.S. District Judge William Q. Hayes has denied a Rule 12(b)(6) motion to dismissed filed by California prison officials in a 42 U.S.C. § 1983 action alleging Eighth Amendment violations.

Gregory Norwood, a California prisoner, alleged that he was denied 39 days of outside exercise following a lockdown. Prison officials ...

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