What is the current state of the law on the right to exercise outside of a maximum security prison?

The longer the prisoner is without such benefits, the closer it becomes to being an unwarranted infliction of pain. Compare Spain v. Procunier ... (Eighth Amendment requires prisoners confined to their cells 24 hours a day to have regular outdoor exercise) with Hayward v. Procunier ... (such outdoor exercise can be temporarily denied when prison conditions warrant),....

2 Appellees point out that had they allowed Appellant to exercise with other North Block inmates and he had been injured as a result. Appellant might have had a different Eighth Amendment cause of action against defendants for deliberate indifference to his safety. See e.g., Woodhouse v. Commonwealth of Virginia, 487 F.2d 889, 890 (9th Cir.1973).