Justin Paulo, who is incarcerated in Nevada state prison, brought a civil rights lawsuit alleging that prison officials violated his Eighth Amendment rights by not allowing him out of his cell for outdoor exercise, and violated his First Amendment rights by not providing him with meals consistent with his religious beliefs as a Buddhist. The district court granted summary in favor of the defendants on Paulo’s Eighth Amendment claim but granted summary judgment in favor of Paulo on his First Amendment claim. Paulo, who represented himself in the district court, appealed to the Ninth Circuit, challenging the dismissal of his Eighth Amendment claim. The defendants filed a cross-appeal to challenge the ruling against them on the First Amendment claim.
The Ninth Circuit appointed Horvitz & Levy and the Pepperdine Caruso Law Ninth Circuit Appellate Advocacy Clinic as pro bono counsel to represent Paulo on appeal. The Ninth Circuit reversed the district court’s order dismissing Paulo’s Eighth Amendment claims, agreeing with our argument that the district court erred in concluding that Paulo failed to exhaust his administrative remedies before filing suit. The Ninth Circuit also ruled in Paulo’s favor of the cross-appeal, dismissing the cross-appeal because the defendants’ notice of appeal was untimely.
Paulo v. Williams 
