Keenan v. Hall

CourtU.S. Court of Appeals — Ninth Circuit
Writing for the CourtWith this change
CitationKeenan v. Hall, 135 F.3d 1318 (9th Cir. 1998)
Decision Date11 February 1998
Docket NumberNo. 94-35726,94-35726
PartiesCharles M. KEENAN, Plaintiff-Appellant, v. Frank HALL, Director Oregon Department of Corrections, et al., Defendants-Appellees.

Before: SCHROEDER, FLETCHER, and RYMER, Circuit Judges.

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING

AND REJECTING EN BANC REQUEST

ORDER

The opinion, Slip op. 5571, filed May 8, 1996 is amended as follows: add a footnote to "major difference between the conditions for the general prison population and the segregated population" in line 2 on page 5578 of the Slip op.: "The Court expressed it thusly: 'Based on a comparison between inmates inside and outside disciplinary segregation, the State's actions in placing [Sandin] there for 30 days did not work a major disruption in his environment.' Sandin at 486, 115 S.Ct. at 2301."

With this change, Judges Schroeder and Fletcher have voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. Judge Rymer voted to grant the petition for rehearing and to accept the suggestion for rehearing en banc.

The full court has been advised of the suggestion for rehearing en banc and no judge of the court...

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732 cases
  • Adkins v. Kernan
    • United States
    • U.S. District Court — Eastern District of California
    • June 24, 2019
    ...Cir. 2009); Johnson v. Lewis, 217 F.3d 726, 732 (9th Cir. 2000); Keenan v. Hall, 83 F.3d 1083, 1091 (9th Cir. 1996), amended by 135 F.3d 1318 (9th Cir. 1998). fact that the food occasionally contains foreign objects or sometimes is served cold, while unpleasant, does not amount to a constit......
  • McElroy v. Gomez, Case No.: 1:20-cv-00658-NONE-SAB (PC)
    • United States
    • U.S. District Court — Eastern District of California
    • November 9, 2020
    ...food is a basic human need protected by the Eighth Amendment. See Keenan v. Hall, 83 F.3d 1083, 1091 (9th Cir. 1996), amended, 135 F.3d 1318 (9th Cir. 1998). The Eighth Amendment right to food was clearly established as of at least 2001. Foster v. Runnels, 554 F.3d 807, 815 (9th Cir. 2009).......
  • Saavedra v. Kernan
    • United States
    • U.S. District Court — Eastern District of California
    • June 24, 2016
    ...to continuous and long-term segregation. Keenan v. Hall (9th Cir. 1996) 83 F.3d 1083, 1089-90, opinion amended on denial of reh'g (9th Cir. 1998) 135 F.3d 1318. Moreover, "inmates have the right to personal hygiene supplies such as toothbrushes and soap. Keenan, 83 F.3d at 1091; see also Ho......
  • Gray v. Hernandez
    • United States
    • U.S. District Court — Southern District of California
    • August 27, 2009
    ...a violation of due process. Id. at 485, 115 S.Ct. 2293; see also Keenan v. Hall, 83 F.3d 1083, 1088-89 (9th Cir.1996), amended by 135 F.3d 1318 (9th Cir.1998). As discussed above, even under a liberal construction of the Complaint, Plaintiff does not offer allegations that suggest his time ......
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2 books & journal articles
  • A. Your First Amendment Right to Freedom of Speech and Association
    • United States
    • The Jailhouse Lawyer's Handbook (CCR) Chapter Three
    • Invalid date
    ...binding of hardback books seems inapplicable to newspapers and potentially the binding of other paperback books. And in Keenan v. Hall, 135 F.3d 1318 (9th Cir. 1998) a court noted that in Bell, the Supreme Court relied on the fact that prisoners were allowed other reading material besides h......
  • 23-c-4 Other Environmental Health and Safety Cases
    • United States
    • A Jailhouse Lawyer's Manual (2020 Edition) Chapter 23 Your Right to Adequate Medical Care[*] (23 to 23 G) 23-c Specific Health Care Rights (23-c to 23-c-6)
    • Invalid date
    ...violate a prisoner's Eighth Amendment rights. 118. Keenan v. Hall, 83 F.3d 1083, 1090 (9th Cir. 1996) opinion amended on denial of reh'g, 135 F.3d 1318 (9th Cir. 1998) (finding it to be cruel and unusual punishment to deprive a prisoner of outdoor exercise for six 119. Gates v. Cook, 376 F.......