Smith v. Elkins

19 F.3d 29 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry SMITH, Plaintiff-Appellant, v. Merrill L. ELKINS, Chairman; Quincy Choy Foo, Chairperson; George Perreira, Chairperson; Kelly Knowles, Chairperson; Woolsey Rice, Chairperson; Sgt. J. Cullen, Chairperson, Aco William Pa'aga, Aco Brian Lee, Defendants-Appellees. No. 93-15185. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 31, 1994. Decided March 2, 1994. Before: WRIGHT, REAVLEY, * and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Smith is a Muslim prisoner. The prison disciplined him for praying aloud in a foreign language, in violation of prison Rule 46. He sued under 42 U.S.C. Sec. 1983 , alleging a violation of his constitutional rights to free exercise of religion and due process. The district court entered summary judgment for the prison. We reversed and held that Rule 46 did not apply to prayer. We remanded the case to determine the issue of qualified immunity. After remand, the…