Apodaca v. Raemisch, No. 15-1454 (10th Cir. 2017)
Annotate this CaseThis case arose from two state prisoners’ alleged deprivation of outdoor exercise. The inmates were kept in administrative segregation at a Colorado prison for roughly eleven months. During that time, the inmates were allegedly prohibited from exercising outdoors, although they were brought to a “recreation room” five times each week. The alleged prohibition on outdoor exercise led the two inmates to sue the prison warden and the director of the Colorado Department of Corrections, invoking 42 U.S.C. 1983 and claiming violation of the Eighth Amendment. The district court denied the motion to dismiss, reasoning that the two inmates had stated a plausible claim for relief. The Tenth Circuit found, however, the warden and director enjoyed qualified immunity, and accordingly reversed: even if the alleged prohibition on outdoor exercise had violated the Eighth Amendment, the underlying constitutional right would not have been clearly established.
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