United States Ninth Circuit
Holley v. Cal. Dept. of Corrs., 07-15552
In a 42 U.S.C. section 1983 action by a prisoner claiming that California Department of Corrections grooming regulations requiring short hair imposed a substantial burden on his exercise of religion in violation of section 3 of the Religious Land Use and Institutionalized Persons Act (RLUIPA), summary judgment for defendants is affirmed where the acceptance of federal prison funding by the state of California did not effect a waiver of the state's sovereign immunity that would allow the RLUIPA claim for damages against state officials in their official capacities to proceed in federal court.
Appellate Information
- Argued 01/15/2010
- Decided 04/05/2010
- Published 04/05/2010
Judges
- CLIFTON, Circuit Judge:, Before J. CLIFFORD WALLACE, PROCTER HUG, JR. and RICHARD R. CLIFTON, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Joseph Haig Boyd, The Law Offices of Joseph H. Boyd, Kerman, CA, for the plaintiff-appellant.
- For Appellees:
- Barry Alves, Maria G. Chan, and James Flynn, Office of the California Attorney General, Sacramento, CA, for the defendants-appellees.