Alvin Howard Canell v. David S. Cook

76 F.3d 384 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alvin Howard CANELL, et al., Plaintiffs-Appellants, v. David S. COOK, Defendant-Appellee. No. 95-36155. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 9, 1996. Before: PREGERSON, CANBY and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 This appeal challenges the district court's November 6, 1995 order denying appellants' motion for preliminary injunction in an action challenging the constitutionality of Oregon's Administrative Rule 291-143-0070(4) prohibiting inmate facilitated religious services in state prisons. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a), and we reverse. 3 Appellants, Sunni Muslims, claim that the recently amended rule substantially interferes with their ability to practice their religion because no qualified non-inmates are available to facilitate group prayer on Fridays, their day of worship. The rule provides that, if no qualified leaders are…