No. 21-5269

Toy Terrell Smith v. J. Torres, et al.

Lower Court: Ninth Circuit
Docketed: 2021-08-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment civil-rights deliberate-indifference due-process prison-conditions transfer-policy
Latest Conference: 2021-09-27
Question Presented (from Petition)

A.

Whether a prised tlase)trcetror! Conn ites actions of
frads Ferc ing aw inatate back to He same pri sew where he was
previously housed, Lpent complet red of Serving an eighteen A
pow Mive Ss eqregated eusr4g Uvit Cs) tera was 2 Coustititional
vielatiod When and where the reasen/ for the inmate serving He
eighteen! moth (suv) term resoHed from him Causing @ full seale
racial riok at Said facility where maddy inmates Were beeten,
stabbed, pepper sprayed and shet with rick geist

B.

After petitieder Fivished Serving a punitive Segregated
Housing Uit (stv) tecm foc Causing a full Seale riot Where
many idmates were Serfously injored , Was respoddedts
failure to act a matter of deliberate inditferesce where
Several approved prisels Were aNvailable- where petitioler
had NO enedies or prior iWeidents avd respondents elected
to instead transfer him back fo the same facility where the
riot occurred P

Question Presented (AI Summary)

Whether a prisoner's transfer to a facility where he previously caused a riot constitutes cruel and unusual punishment

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-17
Waiver of right of respondent J. Torres, et al. to respond filed.
2021-07-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 1, 2021)

Attorneys

J. Torres, et al.
Neah HuynhOffice of the Attorney General State of California, Respondent
Toy Terrell Smith
Toy Terrell Smith — Petitioner