Lafreniere

Lafreniere v. Regents of the University of California

Good Law
207 F. App'x 783
United States Court of Appeals for the Ninth CircuitNovember 15, 2006No. 05-16474California291 words

Opinion

Lead Opinion

MEMORANDUM **

Zakariah LaFreniere appeals pro se from the district court’s order dismissing for failure to state a claim his action alleging defendant violated the First Amendment and California law by offering a curriculum that includes religious studies classes. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, American Family Ass’n, Inc. v. City and County of San Francisco, 277 F.3d 1114 , 1120 (9th Cir.2002), and for abuse of discretion the denial of a motion to amend the judgment, School Dist. No. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255 , 1262 (9th Cir.1993). We affirm.

The district court did not err in dismissing LaFreniere’s claim that defendant violated the Establishment Clause, because LaFreniere failed to allege facts supporting the conclusion that the course offerings at the University of California advanced a non-secular purpose, had the primary effect of advancing or inhibiting religion, and fostered an excessive government entanglement with religion. See American Family Ass’n, 277 F.3d at 1121. Because the district court did not err in dismissing the federal claim, it also did not abuse its…

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