The following excerpt is from Toussaint v. McCarthy, 801 F.2d 1080 (9th Cir. 1986):
In Hoptowit v. Ray, 682 F.2d at 1254-55, 1258, we held that "[i]dleness and the lack of programs are not eighth amendment violations. The lack of these programs simply does not amount to the infliction of pain." The district court recognized this language as controlling. 597 F.Supp. at 1414. Plaintiffs, 27 nonetheless, urge us to reverse the district court's decision that enforced idleness is not a violation of the eighth amendment. Plaintiffs implicitly urge us to overrule Hoptowit v. Ray.
To arrive at the desired result, plaintiffs believe that two logical steps must be taken.
Page 1107
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.