Coronel

Coronel v. Paul

Good Law
225 F. App'x 575
United States Court of Appeals for the Ninth CircuitMarch 19, 2007No. 05-16964California509 words

Opinion

Lead Opinion

MEMORANDUM **

Paul Kay Coronel, a Hawaii state prisoner who was housed at The Florence Correctional Center (“FCC”), a private prison in Arizona, appeals pro se from the *577 district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants violated the Religious Land Use and Institutionalized Persons Act (RLUI-PA), 42 U.S.C. § 2000cc-l(a), and his First Amendment right to practice his Dianic Pagan religion and to worship with native Hawaiians or Pascua Yaqui Native Americans. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the grant of summary judgment, Yakutat, Inc. v. Gutierrez, 407 F.3d 1054, 1066 (9th Cir. 2005), and we reverse and remand.

In 2001, the Hawaii Department of Corrections (“HDC”) ordered that all Hawaiian inmates be prohibited from participating in Pascua Yaqui Native American sweat lodge ceremonies because an investigation revealed that Hawaiian prison gangs were using these services as a forum to organize disruption at FCC. The district court concluded there were triable issues of fact regarding whether defendants placed a substantial burden on Coro-nel’s free exercise of religion, and whether the prison’s refusal…

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