FUQUA v. RYAN

No. 16-15597.

890 F.3d 838 (2018)

Michael Ray FUQUA, aka Michael Fuqua, Plaintiff-Appellant, v. Charles L. RYAN, Warden, Director of ADC Central Office; CAMIT, Correctional Officer II at Special Management Unit #1; Francisco, CO III at SMU #1; Sterns, Sgt. at SMU #1; Clark, Kitchen Manager at Trinity Food Services; Dance, Disciplinary Coordinator Sgt. at SMU #1; Schitter, Disciplinary Captain at SMU #1; Pekco, CO II Kitchen Security at SMU #1; James O'Neil, SMU #1 Eyman Complex Deputy Warden; Jeff Rode, SMU #1 Eyman Complex Associate Deputy Warden; Jennifer Hernandez, COIV at SMU #1 Eyman Complex; Carson McWilliams, ADOC Divisional Director; Unknown Parties, ADOC Correctional Officers employed at ADOC — in their official and individual capacities, Central Office COIII, Central Office COIV, Central Office Deputy Warden, CO II Kitchen Security at SMU #1, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 18, 2018.


Attorney(s) appearing for the Case

James A. Sonne (argued), Supervisor; Kelsey A. Woodford (argued), Jane E. Kessner (argued), Charles E.T. Roberts , and Gilbert G. Walton , Elizabeth A. Callahan , Kevin C. Eaton , and William C. Griscom , Certified Law Students; Zeba A. Huq , Attorney; Religious Liberty Clinic, Stanford Law School, Stanford, California; for Plaintiff-Appellant.

Gregory D. Cote (argued), McCarter & English LLP, Boston, Massachusetts; Joseph E. Dylo (argued), Assistant Attorney General; Mark Brnovich , Attorney General; Liability Management Section, State Government Division, Office of the Attorney General, Phoenix, Arizona; for Defendants-Appellees.

Before: Sidney R. Thomas, Chief Judge, and A. Wallace Tashima and Morgan Christen, Circuit Judges.


OPINION

Plaintiff-Appellant Michael Ray Fuqua is an Arizona inmate and a Christian who was scheduled to work in the prison kitchen on a religious holiday. Fuqua filed two inmate letters requesting that the Arizona Department of Corrections (ADOC) reschedule his kitchen shifts to accommodate the holiday, but his...

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