McGuire v. Johnson, et al. – Do It For The Caselaw

Holding: The Ninth Circuit affirmed the district court's denial of qualified immunity to the warden because the prisoner's right to outdoor exercise was clearly established and the warden's conduct raised triable issues of fact.
Standard: Qualified immunity analysis
Vote: Unpublished memorandum disposition by a panel of three judges.
Practical effect: The decision confirms that prison officials cannot claim qualified immunity when they deny prisoners outdoor exercise for extended periods if such rights were clearly established at the time of the conduct.

McGuire v. Johnson, et al.

May 13, 2026 ·25-1457 ·Unpublished · By Aisha Johnson

The Ninth Circuit affirmed a district court ruling denying a prison warden qualified immunity in a prisoner's Eighth Amendment claim. The court held that the warden was not entitled to immunity because the prisoner's right to outdoor exercise was clearly established by 2020.

Background

Robert McGuire, a prisoner in the Nevada Department of Corrections, sued Warden Calvin Johnson alleging that the warden denied him outdoor exercise in violation of the Eighth Amendment. The district court denied the warden’s motion for summary judgment and rejected his assertion of qualified immunity. The warden appealed the denial of qualified immunity.

The court’s reasoning

The court reviewed the denial of qualified immunity de novo, assuming the facts asserted by the non-moving party were correct. The court found that by 2020, the right to outdoor exercise or meaningful recreation was clearly established. The prisoner presented sufficient evidence that he was deprived of outdoor exercise for extended periods and that the warden was subjectively aware of the risk through grievances. The court rejected the warden’s arguments regarding the sham affidavit rule and the lack of clearly established law.

What it means going forward

The decision confirms that prison officials cannot claim qualified immunity when they deny prisoners outdoor exercise for extended periods if such rights were clearly established at the time of the conduct.