Summary
The United States District Court for the Northern District of California screened Christopher D. Scott’s 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915A. The court found a cognizable First Amendment free exercise claim against Deputy A. Nunez based on alleged interference with Scott’s Muslim head covering, dismissed all other claims and defendants, and directed service and the filing of a dispositive motion.
Holdings
- Liberally construed, Scott's allegations that Deputy Nunez directed him to remove his Muslim head covering during the start of Ramadan stated a cognizable claim for interference with the free exercise of religion under the First Amendment.
- All claims other than the First Amendment free-exercise claim and all defendants other than A. Nunez were dismissed.
Questions Presented
- Whether Scott's allegations stated a cognizable First Amendment free-exercise claim under 42 U.S.C. § 1983.
- Whether the remaining claims and defendants should be dismissed under the prisoner-complaint screening requirements of 28 U.S.C. § 1915A.
Disposition
other
Cases Cited (9)
- Balistreri v. Pacifica Police Department, 901 F.2d 696, 699 (9th Cir. 1990)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556, 570 (2007)(followed)
- Clegg v. Cult Awareness Network, 18 F.3d 752, 754-55 (9th Cir. 1994)(followed)
- West v. Atkins, 487 U.S. 42, 48 (1988)(followed)
- Albino v. Baca, 747 F.3d 1162 (9th Cir. 2014)(followed)
- In re Olson, 37 Cal. App. 3d 783 (Cal. Ct. App. 1974)(followed)
- Woods v. Carey, 684 F.3d 934, 939-41 (9th Cir. 2012)(followed)
- Rand v. Rowland, 154 F.3d 952, 962-963 (9th Cir. 1998)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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