Ford

Ford v. Martel

Good Law
262 F. App'x 777
United States Court of Appeals for the Ninth CircuitDecember 28, 2007No. 06-16994California311 words

Opinion

lead Opinion

MEMORANDUM **

California state prisoner Ray Byron Ford appeals pro se from the district court’s summary judgment for defendant in his 42 U.S.C. § 1983 action alleging constitutional violations stemming from a lockdown affecting Muslim inmates. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment on Ford’s First Amendment claim because Ford did not raise a triable issue as to whether the lockdown was a legitimate action taken by the prison to maintain security or as to whether the lockdown prevented Ford from engaging in religious conduct mandated by his faith. See Turner v. Safley, 482 U.S. 78, 89-91 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987) (outlining criteria for analyzing legitimacy of regulation of religious expression in prison); Freeman v. Arpaio, 125 F.3d 732, 736 (9th Cir.1997) (holding prisoner must show defendant burdened the practice of his religion by preventing him from engaging in conduct mandated by his faith).

The district court properly granted summary judgment on Ford’s Equal Protection claim because Ford did not raise a triable…

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