No. 22-15481.

83 F.4th 754 (2023)

Michael HAMPTON; Jacqueline Hampton, Plaintiffs-Appellees, v. State of CALIFORNIA; California Department of Corrections and, Rehabilitation; San Quentin State Prison; Ralph Diaz; Ronald Davis, Warden; Ronald Broomfield; Clarence Cryer; Alison Pachynski; Shannon Garrigan; Louie Escobell; Muhammad Farooq; Kirk a Torres; Estate of Robert S. Tharratt, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2023.

Attorney(s) appearing for the Case

Cassandra J. Shryock (argued) and Robert M. Perkins III , Deputy Attorneys General; Jeffrey T. Fisher , Supervising Deputy Attorney General; Monica N. Anderson , Senior Assistant Attorney General; Rob Bonta , California Attorney General; Office of the California Attorney General, San Francisco, California; for Defendants-Appellants.

Michael J. Haddad (argued), Julia Sherwin , and Teresa Allen , Haddad & Sherwin LLP, Oakland, California; Brian Hawkinson , Liebert Cassidy Whitmore, San Francisco, California; for Plaintiffs-Appellees.

Adam R. Pulver , Allison M. Zieve , and Scott L. Nelson , Public Citizen Litigation Group, Washington, D.C., for Amicus Curiae Public Citizen.

Before: Michelle T. Friedland and Mark J. Bennett, Circuit Judges, and Richard D. Bennett, District Judge.


Early in the COVID-19 pandemic, the California Institution for Men ("CIM") suffered a severe COVID-19 outbreak. In an attempt to protect CIM inmates, high-level officials in the California prison system transferred 122 inmates from CIM to San Quentin State Prison, where there were no known cases of the...

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