Hines v. Youseff, No. 15-16145 (9th Cir. 2019)
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After inmates were exposed to a heightened risk of getting Valley Fever, they filed suit under 42 U.S.C. 1983 against state officials for money damages, alleging that exposing them to a heightened risk of getting Valley Fever was cruel and unusual punishment in violation of the Eighth Amendment. African-American inmates also brought a challenge under the Equal Protection Clause, claiming that African-American inmates were particularly likely to get Valley Fever and suffer serious consequences.
The Ninth Circuit held that several of the defendants could not be sued at all because they were not personally involved in any alleged violations. The panel also held that the officials were entitled to qualified immunity against claims that they were deliberately indifferent to a substantial risk of serious harm in violation of the Eighth Amendment, and also entitled to qualified immunity against claims that they racially discriminated against African-American inmates. In this case, it would not have been "obvious" to any reasonable official that they had to segregate prisoners by race or do more than the federal Receiver told them to do. Accordingly, the panel affirmed in part and reversed in part.
Court Description: Prisoner Civil Rights. In four consolidated appeals, the panel affirmed in part and reversed in part the district court’s decisions pertaining to qualified immunity for prison officials in actions alleging that inmates at several California state prisons were exposed to a heightened risk of getting Valley Fever. Plaintiffs alleged that exposing them to a heightened risk of getting Valley Fever was cruel and unusual punishment in violation of the Eighth Amendment. African-American inmates also added a challenge under the Equal Protection Clause of the Fourteenth Amendment. They alleged that because African-American inmates were particularly likely to ** The original panel, consisting of Judge Kleinfeld, Judge Wardlaw, and Judge Peterson, heard oral argument May 17, 2017. Judge Wardlaw recused herself while the case was under submission, and Judge Ikuta was drawn to replace Judge Wardlaw. Judge Ikuta has read the briefs, reviewed the record, and listened to the tape of oral argument. *** The Honorable Rosanna Malouf Peterson, United States District Judge for the Eastern District of Washington, sitting by designation. HINES V. YOUSEFF 9 get Valley Fever and suffer serious consequences, they should have been segregated from the prisons with the highest infection rates. The panel first held that several of the defendants could not be sued at all because they were not personally involved in any alleged violations. The panel then held that in each of the four cases on appeal, state officials were entitled to qualified immunity against claims that they were deliberately indifferent to a substantial risk of serious harm in violation of the Eighth Amendment. The panel held that the specific right that the inmates claimed in these cases—the right to be free from heightened exposure to Valley Fever spores—was not clearly established at the time the officials acted. The panel further held that the cases did not involve “clear” or “obvious” violations given that a federal Receiver supervised the officials’ actions, and there was no evidence that society’s attitude had evolved to the point that involuntary exposure to such a risk violated current standards of decency. The panel held that officials were also entitled to qualified immunity against claims that they racially discriminated against African-American inmates. The panel held that even if state officials should have been more aggressive in excluding inmates whose higher risk appeared to be on account of (or at least connected to) their race, that did not mean their conduct violated clearly established law. The panel concluded that inmates did not have a clearly established right to be segregated from certain Central Valley prisons based on their race. 10 HINES V. YOUSEFF
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