![]() ![]() ![]() Tarabochia thus “was not required to show adverse medical effects.” Id. Because these time periods exceed the deprivation in Allen, it qualifies as long term. Here, Tarabochia alleged a deprivation of about thirtyfive weeks, during which he exercised outside for an average of 25 minutes per week. Where a plaintiff “allege a deprivation longer than the one in Allen”-a sixweek period in which the inmate exercised outdoors for 45 minutes per week-“it qualifies as long term.” Id. A showing of adverse medical effects is only required where the denial of outdoor exercise is temporary. 3 The magistrate judge also based his recommendation in part on his finding that Tarabochia provided no evidence of any medical effects suffered from the alleged deprivation. Tarabochia submitted evidence that not all jail inmates had access to day rooms and that, because of overcrowding, there were prisoners living in the day rooms, leaving very little space for even walking around. And while the magistrate judge stated that it was “undisputed” that Tarabochia had daily access to out-of-cell indoor exercise in day rooms, the record does not establish such an undisputed fact. Nor did the magistrate judge consider how many minutes of outdoor exercise Tarabochia was able to enjoy on each occasion he was permitted to use the roof. The magistrate judge did not consider the total duration of Tarabochia’s confinement-247 days- when assessing the alleged deprivation. Whether such deprivation satisfies the objective requirement necessary to state an Eighth Amendment claim, see id., turns on the conditions of confinement and length of the deprivation. This court has held that “deprivation of outdoor exercise could constitute cruel and unusual punishment.” Allen v. District Court for the Western District of Louisiana, sitting by designation. Walter, Senior District Judge for the U.S. As the Gerstein issue was thus decided adversely to him, Tarabochia is precluded from raising it in this suit. By denying the motion to dismiss, the trial court necessarily rejected that argument. Tarabochia distinctly raised the same Gerstein argument to the state trial court in his motion to dismiss the indictments. In Oregon, matters litigated in a criminal proceeding have preclusive effect in civil cases raising the same issues. 2004), overruled on other grounds by Sprint Telephony PCS, L.P. Tarabochia’s Fourth Amendment claim is barred by issue preclusion. We affirm as to the Fourth Amendment claim, and vacate and remand as to the Eighth Amendment and breach of contract claims. § 1983 claims and one breach of contract claim against Clatsop County and three county officials arising out of his pre-trial detention and subsequent incarceration at Clatsop County Jail in 2009. Plaintiff Loren Christopher Tarabochia alleged two 42 U.S.C. Before: BERZON and WATFORD, Circuit Judges, and WALTER,*** Senior District Judge. ![]() ** The panel unanimously concludes this case is suitable for decision without oral argument. Coffin, Magistrate Judge, Presiding Submitted March 11, 2016** Portland, Oregon * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. Appeal from the United States District Court for the District of Oregon Thomas M. CLATSOP COUNTY OREGON MIKE SMITH THOMAS BERGIN PAUL TESI, Defendants - Appellees. 6:11-cv-00547-TC Plaintiff - Appellant, MEMORANDUM* v. COURT OF APPEALS FOR THE NINTH CIRCUIT LOREN CHRISTOPHER TARABOCHIA, No. FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. ![]()
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