Philip W. Henderson v. Cal A. Terhune

Philip Henderson, a Native American inmate in the California state prison system, appeals the district court’s judgment in favor of prison officials in his 42 U.S.C. § 1988 action. Henderson alleges that the California Department of Corrections’ (“CDC”) hair length regulation infringes upon the free exercise of his Native American religious beliefs in violation of the First Amendment. We affirm the district court’s judgment because the regulation at issue is reasonably related to legitimate penological interests.

Henderson also appeals the district court’s conclusion that he cannot state an actionable claim under the American Indian Religious Freedom Act of 1978 (“AIR-FA”), 42 U.S.C. § 1996 . We find that the AIRFA is simply a policy statement and does not create a cause of action or any judicially enforceable individual rights. Accordingly, we affirm the district court’s conclusion.

I

Henderson is a Native American of mixed ancestry who is currently incarcerated in California. He practices traditional Native American religion, and the prison permits him to use sweat lodges, participate in pipe ceremonies, wear a medicine bag, and consult with spiritual advisors.

The district…