Phillip L. Hinkle v. Arizona Department of Corrections

50 F.3d 14 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Phillip L. HINKLE, Plaintiff-Appellant, v. ARIZONA DEPARTMENT OF CORRECTIONS, et al., Defendants-Appellees. No. 94-15162. United States Court of Appeals, Ninth Circuit. Submitted Feb. 21, 1995. * Decided March 1, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. MEMORANDUM ** Arizona state prisoner Phillip L. Hinkle appeals the district court's grant of summary judgment for defendant prison officials in Hinkle's 42 U.S.C. Sec. 1983 action alleging that his right to practice his Native American religion is unconstitutionally burdened by an Arizona prison regulation which restricts the opportunity for observance of the Native American religion to inmates with "(a) a substantial percentage of Indian blood and (b) recognition as an Indian." ADOC Reg. No. 207.0-A. We reverse and remand for the district court's consideration whether this regulation's limitation on worship of the Native American religion to those…