Opinion · Court of Appeals for the Ninth Circuit
Charles M. Keenan v. Frank Hall, Director Oregon Department of Corrections
Charles M. Keenan v. Frank Hall, Dir. Or. Dep’t of Corr., 135 F.3d 1318 (9th Cir. 1998)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1998-02-11
- Topic
- commercial
How later courts describe this case
- holding that the Eighth Amendment requires inmates to be housed in an environment that 27 is reasonably free from excess noise
- holding that the 10 Eighth Amendment requires inmates to be housed in an environment that is reasonably free from 11 excess noise
- stating that “verbal harassment generally does not violate the Eighth Amendment” and 19 “[s]ummary judgment dismissing [Plaintiff’s] verbal harassment claim was proper”
- holding “the Eighth 9 Amendment require[s] that [inmates] be housed in an environment . . . reasonably free of 10 excess noise”
- holding that mail from a court is not legal mail
- holding that dismissal of verbal 20 harassment claim was proper where plaintiff had not shown that the prison guards’ “disrespectful 21 and assaultive comments” were “unusually gross even for a prison setting and were calculated to 22 and did cause him psychological damage”
- holding verbal 18 harassment, standing alone, does not violate the Eighth Amendment
- declining to decide “whether mail clearly sent from a lawyer to an inmate but lacking the ‘Legal Mail’ designation may be opened outside the presence of the inmate”
Citator
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- Cited by
- 366 opinions
KEENAN v. HALL,135 F.3d 1318(9th Cir. 1998)
CHARLES M. KEENAN, Plaintiff-Appellant, v. FRANK HALL, Director Oregon
Department of Corrections, et al., Defendants-Appellees.
No. 94-35726
United States Court of Appeals, Ninth Circuit.
Argued and Submitted October 19, 1995 — San Francisco, California
Opinion Filed: May 8, 1996
Amended: February 11, 1998
[1] ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND REJECTING EN BANC REQUEST
D.C. No. 93-51-JO
Before: Mary M. Schroeder, Betty B. Fletcher, and Pamela Ann Rymer, Circuit Judges.
ORDER
[2] The opinion, Slip op. 5571, filed May 8, 1996 is amended as follows: add a footnote to "major difference between the conditions for the general prison population and the segregated population" in line 2 on page 5578 of the Slip op.: "The Court expressed it thusly: `Based on a comparison between inmates inside and outside disciplinary segregation, the State's actions in placing [Sandin] there for 30 days did not work a major disruption in his environment.' Sandin at 2301."
[3] With this change, Judges Schroeder and Fletcher have voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. Judge Rymer voted to grant the petition for rehearing and to accept the suggestion for rehearing en banc.
[4] The full court has been advised of the suggestion for rehearing en banc and no judge of the court has requested a vote on it. Fed.R.App.P.35(b).
[5] The petition for rehearing is denied and the suggestion for rehearing en banc is rejected.Page 921