Woodford

Johnson v. Woodford

Good Law
336 F. App'x 594
United States Court of Appeals for the Ninth CircuitMay 26, 2009No. 07-56610California437 words

Opinion

Lead Opinion

MEMORANDUM **

George Johnson, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging prison officials violated his civil rights by disciplining him for refusing to comply with prison hair grooming regulations that violated his Rastafarian religious principles. We have jurisdiction under 28 U.S.C. § 1291 . We review *596 de novo. Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam). We affirm in part and vacate in part.

The district court properly granted summary judgment on Johnson’s First Amendment claim because the hair grooming regulation was “reasonably related to legitimate penological interests.” Henderson v. Terhune, 379 F.3d 709, 715-16 (9th Cir.2004).

The district court properly granted summary judgment on Johnson’s claim under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) based on qualified immunity because the law was not clearly established at the time the violation occurred. See Warsoldier v. Woodford, 418 F.3d 989, 997 (9th Cir.2005) (“There exists little Ninth Circuit authority construing RLUIPA.”); May v. Baldwin, 109 F.3d 557, 565 (9th Cir.1997) (holding…

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