Quigg

MEMORANDUM **

Montana state prisoner Gary L. Quigg appeals from the district court’s dismissal of his action under 42 U.S.C. § 1983 against employees of Alpha House, a pre-release center where Quigg was confined after he violated his parole. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and remand.

Quigg first argues that his claims of emotional injury should not have been dismissed, because his case against private prison officials was not subject to the Prison Litigation Reform Act. See 42 U.S.C. § 1997e(e). But Quigg’s § 1983 lawsuit names the defendants as state actors, and he cannot claim that he is not a “prisoner” subject to the requirements of the Act. See 42 U.S.C. § 1997 (e)(h) (“prisoner” is “any person incarcerated or detained in any facility [for] violations of parole”).

Quigg also argues that the defendants’ requirement that he attend Narcotics Anonymous (“NA”) meetings violated his right to religious freedom under the First Amendment, citing Kerr v. Farrey, 95 F.3d 472, 474 (7th Cir.1996). In Kerr , the Seventh Circuit held that state prison officials violated the Establishment Clause by exacting penalties such as confinement in a more…