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NORTHERN v. NELSON

No. 26357.

448 F.2d 1266 (1971)

Harry NORTHERN, Plaintiff-Appellant, v. Louis S. NELSON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 22, 1971.

Attorney(s) appearing for the Case

J. Roger Beers (argued), of Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for plaintiff-appellant.

Robert R. Granucci, Deputy Atty. Gen. (argued), Evelle J. Younger, Cal., Atty. Gen., Edward P. O'Brien, Deputy Atty. Gen., San Francisco, Cal., for defendant-appellee.

Before WEICK, BROWNING, and WRIGHT, Circuit Judges.

ORDER

The district court, 315 F.Supp. 687, granted injunctive relief on appellant's complaint under 42 U.S.C. § 1983, alleging infringement by prison authorities of his right to the free exercise of the Muslim religion. However, the court dismissed appellant's claim for damages.

Appellant argues that a cause of action for damages under the Act may be based upon a denial of religious freedom, citing Williford v....

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