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
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Question Presented (AI Summary)

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

Question Presented (from Petition)

No question identified. : he __—QustION'Sy PRESENTED OOC“—SSS~<‘<‘<;<7<; 3 ; 3 FTCt*~*~” 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 8. 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 aNvailablewhere petitioler had NO enedies or prior iWeidents avd respondents elected to instead transfer him back fo the same facility where the riot occurred P

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
Neah HuynhOffice of the Attorney General State of California, Respondent
Toy Terrell Smith
Toy Terrell Smith — Petitioner
Toy Terrell Smith — Petitioner