Split Ninth Circuit ruling reversing a jury verdict in a prisoner lawsuit

A Ninth Circuit panel splits today in the prisoner litigation case of Norwood v. Vance, No. 07-17322 (9th Cir. July 9, 2009) (available here).  The dispute at issue is summarized in the first sentence of the majority opinion: "We consider when prison officials may be held liable for depriving inmates of outdoor exercise." 

Because of the reputation of the Ninth Circuit, readers may be surprised at who prevails in this opinion.  And, because of the reputation of the Ninth Circuit, I would not be too surprised if this case goes on to get en banc consideration.