Reginald Howard v. Howard Skolnik

MEMORANDUM

Reginald C. Howard, a Nevada state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging prison officials curtailed his religious expression, wrongfully took personal property, and subjected him to second-hand smoke. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm in part, vacate in part, and remand.

The district court properly granted summary judgment on Howard’s First Amendment claim concerning two alleged incidents where prison personnel interfered with Howard’s fasting because there was no genuine issue as to whether a substantial burden was placed on Howard’s free exercise of religion. See Canell v. Lightner, 143 F.3d 1210, 1215 (9th Cir.1998) (concluding that a “relatively short-term and sporadic” interference did not constitute a substantial burden).

The district court properly granted summary judgment on Howard’s Eighth Amendment claim concerning exposure to second-hand smoke because Howard failed to raise a triable issue as to whether he was exposed to unreasonably high levels of second-hand smoke or whether the defendants…