Greene

MEMORANDUM **

Plaintiff Greene, while an inmate of the California Department of Corrections (“CDC”), filed this civil rights action under 42 U.S.C. § 1983 against Defendants Cal A. Terhune and Suzan Hubbard in their official and individual capacities. Plaintiff alleged that he is an active member of the Muslim faith and that, as part of his religious faith, he is required to wear a beard. He alleged that Defendants violated his First Amendment right to free exercise of religion when they adopted a grooming policy prohibiting inmates from wearing beards. Plaintiff sought monetary, declaratory, and injunctive relief. Defendants moved to dismiss the action asserting, among other things, that they were entitled to qualified immunity from any damage award. The district court denied them qualified immunity, and Defendants appealed. We reverse.

We review de novo the district court’s refusal to grant immunity on a motion to dismiss. Motley v. Walker, 175 F.3d 756, 759 (9th Cir.1999). Although the denial of a motion to dismiss is not ordinarily appealable, the denial of a claim for immunity is appealable before final judgment under the collateral order doctrine. Id. In reviewing…