Taylor

Taylor v. Seals

Good Law
135 F. App'x 992
United States Court of Appeals for the Ninth CircuitJune 24, 2005No. 04-17047California323 words

Opinion

Lead Opinion

MEMORANDUM **

Nevada state prisoner James L. Taylor appeals pro se the district court’s summary judgment in favor of Associate Warden Rosemary Seals in his 42 U.S.C. § 1983 action alleging violations of the First and Fourteenth Amendments. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Delta Savings Bank v. United States, 265 F.3d 1017, 1021 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment on Taylor’s free exercise of *993 religion claim because Taylor failed to raise a triable issue of fact. See Jeffers v. Gomez, 267 F.3d 895, 915 (9th Cir.2001) (section 1983 supervisory liability arises only upon a showing of personal participation by defendant); Freeman v. Arpaio, 125 F.3d 732, 736 (9th Cir.1997) (“In order to establish a free exercise violation, [the prisoner] must show the defendants burdened the practice of his religion, by preventing [the prisoner] from engaging in conduct mandated by his faith ... ”).

The district court properly granted summary judgment on Taylor’s equal protection and due process claims because he failed to submit evidence showing a triable issue of fact regarding either claim. See Villiarimo…

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