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THOMAS v. PONDER

No. 09-15522.

611 F.3d 1144 (2010)

Otis Michael THOMAS, Plaintiff-Appellant, v. G. PONDER; M.J. Kircher; M.S. MMC Evans, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2010.

Attorney(s) appearing for the Case

Jeremy Maltby and Jonathan Wells Monson (argued), O'Melveny & Myers, LLP, Los Angeles, CA; Rebecca S. Hekman (argued), UCLA School of Law Ninth Circuit Clinic, Los Angeles, CA, for the plaintiff-appellant.

Edmund G. Brown, Jr., Rochelle C. East, Thomas S. Patterson, Neah Huynh (argued), Office of the California Attorney General, San Francisco, CA, for the defendants-appellees.

Opinion by Judge REINHARDT; Opinion by Judge FREIEDMAN.

OPINION

REINHARDT, Circuit Judge:

Otis Thomas brought this suit seeking to establish that prison officials (individually and collectively "prison officials") violated his Eighth Amendment rights by denying him outdoor exercise for 13 months and 25 days while he was in a maximum security housing unit. The prison officials conditioned Thomas's access to outdoor exercise upon his signing a "pledge form" promising...

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