Tillman v. Lebanon County Corr. Facility, 221 F.3d 410, 418 (3d Cir.2000) (internal citations omitted). Bacon’s allegations concerning the conditions of confinement were not objectively serious enough to warrant constitutional protection. With regard to exercise, Bacon merely alleged a change, and subsequent reduction, in the recreation schedule at the DOC rather than a complete elimination of exercise for inmates—save for emergency lockdown situations. While the denial of exercise may, in certain instances, rise to the level of an Eighth Amendment violation, such was not the case here. Cf. Wishon v. Gammon, 978 F.2d 446, 449 (8th Cir.1992) (forty-five minutes of exercise per week not constitutionally infirm); see also Knight v. Armontrout, 878 F.2d 1093, 1096 (8th Cir.1989) (<HOLDING>). Bacon’s claim concerning the pattern of
holding denial of outdoor recreation for thirteen days not cruel and unusual punishment holding that a cruel and unusual punishment claim is not jurisdictional and therefore may not be raised for the first time on appeal holding the constitutional right to be free from cruel and unusual punishment may be waived holding cruel and unusual punishment complaint not preserved holding that what constitutes cruel and unusual punishment is a question of law