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SWIFT v. LEWIS

Nos. 88-15435, 89-15207.

901 F.2d 730 (1990)

Carl Dean SWIFT, Plaintiff-Appellant, v. Samuel LEWIS, Director, Arizona Department of Correction, in his individual and official capacity; Paul J. Schriner, Dep. Warden, Santa Cruz Unit, in his individual and official capacity; Alex Machain, Sr. Chaplain, Perryville Complex, in his individual and official capacity; George Tichy, Senior Security Officer for the Santa Cruz Unit, in his individual and official capacity; George Herman, Warden, ASPC, Douglas, in his individual and official capacity, Defendants-Appellees. David Raymond GREN, Plaintiff-Appellant, v. Samuel LEWIS, Director of ADOC; Santok Singh Khalsa, Sikh Representative, ASPC, Tucson Santa Rita Unit; Captain Garvin, Captain, ASPC, Tucson Santa Rita Unit; Richard Tanguay, Chaplain, ASPC, Tucson Santa Rita Unit; Deputy Warden Hallahan, Deputy Warden, ASPC, Tucson Santa Rita Unit, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1990.

Attorney(s) appearing for the Case

David Raymond Gren, Douglas, Ariz., plaintiff-appellant pro se.

Bruce L. Skolnik, Asst. Atty. Gen., Tucson, Ariz., and Mariannina E. Preston, Asst. Atty. Gen., Phoenix, Ariz., for defendants-appellees.

Carl Dean Swift, Douglas, Ariz., plaintiff-appellant pro se.

Before POOLE, NELSON and WIGGINS, Circuit Judges.

OPINION

WIGGINS, Circuit Judge:

David R. Gren and Carl D. Swift, Arizona state prisoners, appeal the district courts' summary judgments for defendants in their section 1983 actions against officers of the Arizona Department of Corrections (ADOC). We have jurisdiction under 28 U.S.C. § 1291. We reverse and remand.1

Appellants claim to be Christians who as part of their religion adhere to the "Vow of the Nazarite....

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