Opinion

Witkin v. Pittsley

Court
Court of Appeals for the Ninth Circuit
Filed
May 27, 2026
Status
Unpublished
Cited by
0 cases
Authority
More cited than 40.7%

setting forth standard of review and grounds for relief under Federal Rule of Civil Procedure 59(e)

How later courts described this case

  • setting forth standard of review and grounds for relief under Federal Rule of Civil Procedure 59(e)
  • “[A] defendant cannot be said to have violated a clearly established right unless the right’s contours were sufficiently definite that any reasonable official in the defendant’s shoes would have understood that he was violating it.”

Written by the judges who cited it.

The opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 27 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL AARON WITKIN, No. 25-7530

D.C. No. 2:22-cv-01211-WBS-CSK

Plaintiff - Appellant,

v. MEMORANDUM*

M. PITTSLEY,

Defendant - Appellee.

Appeal from the United States District Court

for the Eastern District of California

William B. Shubb, District Judge, Presiding

Submitted May 26, 2026**

Before: S.R. THOMAS, MILLER, and H.A. THOMAS, Circuit Judges.

Former California state prisoner Michael Aaron Witkin appeals pro se from

the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging an

Eighth Amendment claim. We have jurisdiction under 28 U.S.C. § 1291. We

review de novo a district court’s summary judgment and its qualified immunity

*

This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

determinations. Hughes v. Rodriguez, 31 F.4th 1211, 1218 (9th Cir. 2022). We

affirm.

The district court properly granted summary judgment on the basis of

qualified immunity because the sixty-day suspension of Witkin’s recreation yard

privileges, while Witkin was still able to attend educational programming and

access a dayroom, did not violate clearly established law. See Plumhoff v. Rickard,

572 U.S. 765, 778-79 (2014) (“[A] defendant cannot be said to have violated a

clearly established right unless the right’s contours were sufficiently definite that

any reasonable official in the defendant’s shoes would have understood that he was

violating it.”); Norbert v. City & County of San Francisco, 10 F.4th 918, 929-30

(9th Cir. 2021) (holding that there is no per se requirement to provide outdoor

exercise as opposed to other forms of recreation, and there is no established

constitutional minimum number of hours per week for recreation).

The district did not abuse its discretion by denying Witkin’s motion to

amend the judgment because Witkin failed to demonstrate any basis for such relief.

See Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1111 (9th Cir. 2011) (setting forth

standard of review and grounds for relief under Federal Rule of Civil Procedure

59(e)).

AFFIRMED.

2 25-7530

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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