Depriving Inmate of Out-of-Cell Exercise for Extended Period Unless He Signs Pledge May Violate Eighth Amendment

In Thomas v. Ponder, published July 16, 2010, a divided 9th Circuit panel reversed summary judgment in favor of prison officials on an Eighth Amendment suit brought by a prisoner who had been barred from out-of-cell exercise for over 13 months.  The prisoner had kept the inmate on "lockdown" because he refused to sign a pledge that he would "program nonviolently."  The majority held that exercise is a basic inmate need; and a question of fact existed on whether circumstances justified keeping the prisoner from exercise for that period was justified by the circumstances.  The dissenting judge opined that the prisoner's discipline was a matter for the discretion of the prison officials.