In making its determination, the court must draw all justifiable inferences in favor of the non-moving party. Oliver might allege specific facts that would make lower-level officers liable for any unconstitutional application of the policy; the policy itself, however, is constitutional. But when a power structure is in place it tends to be an imbalance of power and when that happens in prison, like the rest of the world, people tend to take advantage. The most popular being that of a male inmate bending down in the shower to pick up the soap. Inside America's dreaded isolation cells. Garza, Circuit Judges. Like bad gossip!
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