COLE

v.

UNITED STATES

Citator

Cited By

• Redman v. Cnty. OF SAN Diego, 942 F.2d 1435 (9th Cir. 1991)
  …127, 50 L.Ed.2d 117 (1976)); see also Toussaint v. McCarthy, 801 F. 2d 1080, 1100 (9th Cir.1986) (in assigning inmates, officials must not only predict behavior of single inmate, but must predict behavior of entire prison population), cert. denied, 481 U.S. 1069, 107 S.Ct. 2462, 95 L.Ed.2d 871 (1987). Further, by adopting the standard of deliberate indifference, rather than a lesser standard of culpability, we acknowledge the broad discretion afforded prison administrators. The trier of fact, therefore, is…
• Balla v. Idaho State Bd. OF Corr., 869 F.2d 461 (9th Cir. 1989)
  …iscretion. Coastal Transfer, 833 F. 2d at 211. Both parties mistakenly assume that our review is governed by the special abuse of discretion standard articulated in Toussaint v. McCarthy, 801 F. 2d 1080, [*471] 1087-89 (9th Cir.1986), cert. denied, 481 U.S. 1069, 107 S.Ct. 2462, 95 L.Ed.2d 871 (1987). In McCarthy, we held that in cases involving structural litigation, where “the scope of injunctive relief” is being challenged, id. at 1086-87, we must “scrutinize the injunction closely to make sure that the…
• Will Stone v. City & Cnty. OF SAN Francisco, 968 F.2d 850 (9th Cir. 1992)
  …s it from funding these programs, but federal courts have repeatedly held that financial constraints do not allow states to deprive persons of their constitutional rights. See Toussaint v. McCarthy, 801 F. 2d 1080, 1110 (9th Cir.1986), cert. denied, 481 U.S. 1069, 107 S.Ct. 2462, 95 L.Ed.2d 871 (1987); Lareau v. Manson, 651 F. 2d 96, 104 (2d Cir.1981); Smith v. Sullivan, 611 F. 2d 1039, 1043-44 (5th Cir.1980); Battle v. Anderson, 564 F. 2d 388, 396 (10th Cir.1977); Jackson v. Bishop, 404 F. 2d 571, 580 (8th…