What is the test for a prison to justify its policy of allowing inmates to exercise their constitutional right to exercise certain forms of exercise?
MultiRegion, United States of America
The following excerpt is from Mauro v. Arpaio, 188 F.3d 1054 (9th Cir. 1999):
to justify it; (2) whether there are alternative means of exercising the right; (3) whether the impact of accommodating the asserted constitutional right will have a significant negative impact on prison guards, other inmates and the allocation of prison resources generally; and (4) whether the policy is an "exaggerated response" to the jail's concerns. See id. at 89-90; Casey v. Lewis, 4 F.3d 1516, 1520 (9th Cir. 1993).
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