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JOHNSON v. BAKER

No. 20-17202.

23 F.4th 1209 (2022)

Lausteveion Delano JOHNSON, Plaintiff-Appellee, v. Renee BAKER, Warden, Defendant-Appellant, and Luis Lopez, Kitchen Supervisor; J. Taylor; Kurner, Sgt. at ESP; Andrew Silverstein; Isidro Baca, Warden; Michael Koehn, Doctor; Julio Calderon, Chaplain; Dwight Neven, Warden at HDSP; Brandon Lawrence; James Cox, Director of NDOC; Nissel Young; Brian Williams, Warden; J. Youngblood; Jo Gentry, Warden, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed January 26, 2022.

Attorney(s) appearing for the Case

Gregory L. Zunino (argued), Deputy Solicitor General; Frank A. Toddre II , Senior Deputy Attorney General; D. Randall Gilmer , Chief Deputy Attorney General; Aaron D. Ford , Attorney General; Office of the Attorney General, Las Vegas, Nevada; for Defendants-Appellants.

Edward Williams (argued) and Tiffany R. Wright , Howard University School of Law, Human and Civil Rights Clinic, Washington, D.C.; Samuel Weiss , Rights Behind Bars, Washington, D.C.; for Plaintiff-Appellee.

Gordon D. Todd , Mackenzi J.S. Ehrett , and Cody l. Reaves , Sidley Austin LLP, Washington, D.C.; Christopher Pagliarella , Yale Law School Free Exercise Clinic, Washington, D.C.; for Amicus Curiae Muslim Public Affairs Council.

Before: Bridget S. Bade and Patrick J. Bumatay, Circuit Judges, and Richard M. Berman, District Judge.

OPINION

As a devout Muslim, Lausteveion Johnson must purify himself and anoint himself with scented oil before each of his five daily prayers. But as a prisoner within the Nevada Department of Corrections, he is prevented from doing so by a regulation that prohibits him from possessing scented oil in his cell. While...

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