Dawud Halisi MALIK-Appellant v. Neal BROWN-Appellee

U.S. Court of Appeals for the Ninth Circuit
Dawud Halisi MALIK-Appellant v. Neal BROWN-Appellee, 65 F.3d 148 (9th Cir. 1995)
95 Cal. Daily Op. Serv. 7127; 95 Daily Journal DAR 12141; 1995 U.S. App. LEXIS 25258; 1995 WL 529445

Dawud Halisi MALIK-Appellant v. Neal BROWN-Appellee

Opinion

ORDER

Sua sponte, we recall the mandate. Zipfel v. Halliburton Co., 861 F.2d 565, 567 (9th Cir. 1988).

It has come to the attention of the court that Congress adopted the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb-l to 2000bb — 4 (“RFRA”), prior to the date our opinion was filed. RFRA was not called to our attention by the parties in a post-filing petition. Our research did not disclose its existence prior to filing.

RFRA sets a different standard than the one adopted in our opinion. Malik v. Brown, 16 F.3d 330, 333-34 (9th Cir. 1994). If we applied RFRA, Malik would still have been the prevailing party. This order memorializes our adoption of RFRA as the proper standard governing this case.

Upon entry of this ORDER, the mandate shall issue forthwith.

Reference

Full Case Name
95 Cal. Daily Op. Serv. 7127, 95 Daily Journal D.A.R. 12,141 Dawud Halisi Malik v. Neal Brown
Cited By
26 cases
Status
Published