Dennis Grimes v. James Tilton

MEMORANDUM

Defendant prison officials appeal from the district court’s order denying them qualified immunity in California state prisoner Dennis Grimes’ 42 U.S.C. § 1983 action. We have jurisdiction over an interlocutory appeal from the denial of qualified immunity. Clement v. Gomez, 298 F.3d 898, 901 (9th Cir.2002). We review de novo, Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir.2002), and we reverse and remand.

The district court erred in denying defendants qualified immunity on Grimes’ First Amendment claim because a reasonable officer in defendants’ position could have concluded, pursuant to California regulations in force at the time, that requiring verification of Grimes’ religious belief before providing a vegetarian diet was constitutional. See Resnick v. Adams, 348 F.3d 763 , 771 n. 8 (9th Cir.2003) (stating, in a First Amendment exercise of religion case, “[w]e have held that “when a public official acts in reliance on a duly enacted statute or ordinance, that official ordinarily is entitled to qualified immunity’ ” (citation omitted)).

While this court previously affirmed the denial of qualified immunity on Grimes’ Religious Land Use and Institutionalized Persons Act…