The plaintiffs were seven incarcerated individuals at county jails in San Francisco, where they were allegedly denied access to outdoor recreation time and direct sunlight exposure. At the trial level, plaintiffs presented expert testimony that indicated problems arising out of lack of direct sunlight, including health problems and sleep disruption. The district court only partially granted their motion, providing that people who had been incarcerated for more than four years must be given access to "direct sunlight" at least one hour per week. Plaintiffs appealed for a broader preliminary injunction, seeking more outdoor recreation time for a greater number of incarcerated people, but the court of appeals affirmed the district court's ruling, finding the court had not abused its discretion in limiting the relief ordered because "there is no bright line test to determine if and when inmates are entitled to outdoor exercise."
Norbert v. City of S.F., 10 F. 4th 918 (9th Cir. 2021)
DETAILS
Decision
Date
08/26/2021
Practice Area
Criminal (State Charges)
Relief Requested
Class Certification, Improved Conditions, Preliminary Injunction (PI)
Type of Court
Federal Appellate Court
Location
California
Type of Case
Group
Case Characteristics
Post-Conviction Detention [jail or prison], Pretrial Detention [jail]
Compassionate Release Case
No
Case Tracking Number
3:19-cv-02724-SK
MORE CASE INFORMATION
Court Name
9th Cir.
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Name of Facility
County Jail 5 (County Jail in San Francisco)
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
The district court ordered that those inmates who had been incarcerated for more than four years must be given access to "direct sunlight" at least one hour per week. The court clarifies that "direct sunlight" means sunlight that is not filtered through a window.
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.