Stefanow

Stefanow v. McFadden

Good Law
103 F.3d 1466·96 D.A.R. 15·96 Daily Journal DAR 15551·1996 U.S. App. LEXIS 33639·96 Cal. Daily Op. Serv. 9470
United States Court of Appeals for the Ninth CircuitDecember 27, 1996No. 95-16134California3,850 words

Opinion

Lead Opinion

Trott, J.

This appeal arises from a suit brought by Michael Stefanow (“Stefanow”), a prisoner in the Arizona State Prison Complex, against the prison warden and other prison officials (collectively, the “prison officials”) pursuant to 42 U.S.C. § 1983 . We must decide whether the prison officials’ confiscation of Christianities Ancient Enemy, a book sent to Stefanow by the pastor of his church, violated Stefanow’s First Amendment rights of free exercise of religion and free speech. Because Stefanow’s religion does not require him to read Christianities Ancient Enemy, we conclude that the prison did not violate Stefanow’s free exercise rights under the Religious Freedom Restoration Act. Also, because confiscation of the book was reasonably related to the prison’s legitimate penological interests, the prison did not violate Stefanow’s free speech rights in keeping it from him. Accordingly, we affirm the judgment of the district court in favor of the prison officials.

BACKGROUND

Stefanow is a prisoner at the Arizona State Prison Complex in Florence, Arizona. During his incarceration, Stefanow has committed numerous security violations for threatening staff and other prisoners,…

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