9th Cir. Amends LeMaire opinion : The Court of Appeals for the ninth circuit recently amended an opinion concerning the constitutionality of conditions in the Oregon State Penitentiary's (OSP) Disciplinary Segregation Unit (DSU). PLN reported the decision in Vol. 5, No. 1 (January, 1994). The court adhered to it's decision in LeMaire v. Maas , 2 F.3d 851 (9th Cir. 1993), which was to set aside, by a 2-1 vote, several parts of an injunction issued by the lower court. What is new in the opinion amended on December 23, 1993, is an addition to the majority's explanation for holding that the eighth amendment standard applicable to the prison officials' conduct in this case is the one that defines "wantonly" as "maliciously and sadistically for the very purpose of causing harm." The U.S. Supreme Court applied that standard in Hudson v. McMillian , 112 S.Ct. 995 (1992), the majority pointed out, even though no riot or major disturbance was involved. The majority also cited cases from other federal courts of appeals, e.g., Jasper v. Thalacker , 999 F.2d 358 (8th Cir. 1993), in which the heightened standard was employed in situations involving prison officials' responses to violent or unruly behavior by individual prisoners. See Lemaire vs. Maas , ammended at: 12 F3d 1444 (9th Cir. 1993).
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|Cite||58 CFR 68765 (ND.248)|