What is the current state of the law regarding the right to identify and transfer exercise yard inmates from an integrated exercise yard?

MultiRegion, United States of America

The following excerpt is from Bittaker v. Gomez, 35 F.3d 570 (9th Cir. 1994):

On appeal, plaintiff contends that he had been threatened by nearly half the inmates assigned to the integrated exercise yard, and that he did not identify them because he either did not know their names or feared retaliation. However, the Eighth Amendment requires only that prison officials not be "deliberately indifferent" to the safety of their inmates. Berg v. Kincheloe, 794 F.2d 457, 459 (1986). Defendants in this case were not deliberately indifferent merely because they failed to transfer plaintiff to a different exercise yard when he had given them no concrete reason for doing so.

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