Thompson

Thompson v. Williams

Good Law
320 F. App'x 678
United States Court of Appeals for the Ninth CircuitMarch 26, 2009No. 07-35972California415 words

Opinion

Lead Opinion

*679 MEMORANDUM **

Washington State prisoner Brenton Dwayne Thompson appeals pro se from the district court’s summary judgment in his action alleging that the defendants violated his First Amendment right to free exercise of his religion, his Fourteenth Amendment right to equal protection, and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) by refusing to provide him with a Halal, or in the alternative a Kosher, diet. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a grant of summary judgment, Fair Hous. Council v. Riverside Two, 249 F.3d 1132 , 1135 (9th Cir.2001), and we affirm.

The district court properly concluded that Thompson’s religious beliefs are sincerely held and that there are triable issues as to whether the prison’s policy violates the First Amendment or RLUIPA. See Shakur v. Sclmro, 514 F.3d 878, 885, 888, 891 (9th Cir.2008) (holding that the sincerity test determines whether the Free Exercise Clause applies and that summary judgment for defendants was improper on Free Exercise and RLUIPA claims where record was inadequate to determine the extent of the burden of accommodation on the prison or the existence of less restrictive…

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