KINDRED v. Cliff Allenby; et al., Defendants. (2020)
United States Court of Appeals, Ninth Circuit.
Richard Scott KINDRED, Plaintiff-Appellant, v. Marisa BIGOT; Kenneth Bell, Defendants-Appellees, Cliff Allenby; et al., Defendants.
Decided: September 15, 2020
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
Richard Scott Kindred, Pro Se Renu George, Deputy Attorney General, Lisa Tillman, Deputy Attorney General, AGCA-Office of the California Attorney General, Sacramento, CA, Julia R. Jackson, California State Attorney, General Business & Tax Section, Sacramento, CA, for Defendants-Appellees
Civil detainee Richard Scott Kindred appeals pro se from the district court's summary judgment in his action alleging violations of his First Amendment right to free exercise of his Native American religious beliefs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Jones v. Williams, 791 F.3d 1023, 1030 (9th Cir. 2015). We affirm.
The district court properly granted summary judgment on Kindred's free exercise claims because Kindred failed to raise a genuine dispute of material fact as to whether defendants’ actions substantially burdened the practice of his religion or whether the regulations at issue were not reasonably related to a legitimate penological interest. See Turner v. Safley, 482 U.S. 78, 89-90, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (factors for determining whether a prison regulation is reasonably related to a legitimate penological interest); Jones, 791 F.3d at 1031-32 (defining substantial burden for purposes of the Free Exercise Clause).
Contrary to Kindred's contention, the district court did not err in applying the Turner factors to him as a civil detainee. See, e.g., Hydrick v. Hunter, 500 F.3d 978, 991 (9th Cir. 2007), cert. granted, judgment vacated on other grounds, 556 U.S. 1256, 129 S.Ct. 2431, 174 L.Ed.2d 226 (2009).
We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.