Blackie Alvarez v. Jean Hill

The question presented here is what relief is available to Plaintiff-Appellant Blackie Alvarez, a former inmate in the Oregon Department of Corrections (“ODOC”), on claims alleging that ODOC employees substantially burdened the practice of his religion in violation of the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. §§ 2000cc to 2000cc-5. Money damages are not available under RLUIPA against state officials sued in their official capacity. And, because the ODOC has released Alvarez from its custody, his claims for declaratory and injunctive relief are moot. Therefore, having jurisdiction pursuant to 28 U.S.C. § 1291 , we AFFIRM the district court’s dismissal of Alvarez’s claims.

BACKGROUND

In June 2004, Alvarez sued several ODOC officials in their official capacity, alleging, among other things, that they were substantially burdening Alvarez’s practice of his Native American religion. The district court granted the ODOC officials summary judgment, but this court remanded Alvarez’s claims for further consideration under RLUIPA. Alvarez v. Hill, 518 F.3d 1152, 1154-55, 1159 (9th Cir.2008). On remand, the district court again granted the ODOC…