9th Circuit Reverses Summary Judgment in Favor of Prisoner
Jones v. Slade Docket: 20-15642, Opinion Date: January 24, 2022. The Ninth Circuit reversed the district court's grant of summary judgment in favor of prison officials in an action brought by plaintiff, alleging that the confiscation of his mail violated his rights under the Free Speech and Free Exercise Clauses of the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The panel concluded that genuine issues of material fact exist both as to whether the Arizona Department of Corrections applied its order inconsistently as to the CDs, in violation of plaintiff's free speech rights, and whether the exclusion of his Nation of Islam texts substantially burdened his religious exercise in violation of RLUIPA and the Free Exercise Clause. Accordingly, the panel remanded to the district court for further proceedings. #summaryjudgmentreversed #rluipa #prisonerfreespeech #religiousfreedoms
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