United States Ninth Circuit

In an action brought by a former maximum security prisoner claiming that a jail's policy of prohibiting maximum security prisoners from participating in group worship was a violation of his rights under, inter alia, the Religious Land Use and Institutionalized Persons Act (RLUIPA), summary judgment for defendant on the RLUIPA claim is reversed as there was a genuine issue of material fact as to whether a total ban on group religious worship by maximum security prisoners at a jail was the least restrictive means of maintaining jail security. Summary judgment for defendant on other claims is vacated as defendant did not meet her burden on summary judgment as to those claims, and plaintiff was not given notice and an opportunity to oppose summary judgment as to those claims.

Appellate Information

• Argued 10/16/2007
• Decided 01/22/2008
• Published 01/22/2008

Judges

• THOMPSON, Senior Circuit Judge:, Before:  ALARCÓN, DAVID R. THOMPSON, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Fred Norton, Boies, Schiller & Flexner LLP, Oakland, CA, for plaintiff-appellant.


• For Appellees:
  
• Martha M. Stringer, Sacramento, CA, for defendant-appellee, Rourk.