Hagen v. Jabar
Hagen v. Jabar
Opinion of the Court
MEMORANDUM
Kamal Abdul-Jabbaar
Because the parties are familiar with the facts, we do not recite them here. In adopting the magistrate judge’s report and recommendation, which was issued before Katz, the district court could not have applied the newly refined test. However, the error in this case was harmless; Appellants were not entitled to qualified immunity even under Katz because they could not have believed it was reasonable for them to deny Thomas Hagen the right to attend religious services.
I. The Katz Two-Prong Test
In Katz, the Supreme Court announced a refined, two-part, qualified immunity
II. Hagen’s Constitutional Right to Free Exercise of Religion is Clearly established
Taking the facts as Hagen alleges them, Appellants violated his First Amendment constitutional right when they denied Hagen the opportunity to attend religious services.
III. Denying Hagen the right to attend Jewish services was not reasonable
Moving on to the second prong, we do not find that it was reasonable for Appellants to believe they could deny Ha-gen’s clearly established right of attending the Jewish services. Hagen claims that he informed Appellants of his Jewish faith and that he attended Muslim services for only “academic purposes.” Because we view the facts in a light most favorable to Hagen, we hold that denying Hagen the right to attend Jewish services was unreasonable.
Hagen had a right to attend Jewish services because he held a sincere religious belief in the Jewish faith.
For safety or valid penological interests, Appellants may deny access to religious services for academic purposes.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. The correct spelling of Jabbaar differs from the above-titled caption.
. 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001).
. Behrens v. Pelletier, 516 U.S. 299, 305-07, 116 S.Ct. 834, 133 L.Ed.2d 773 (1996).
. 533 U.S. at 207-08, 121 S.Ct. 2151.
. Id. at 201, 121 S.Ct. 2151.
. Id.
. Id. at 202, 121 S.Ct. 2151.
. See O'Lone v. Estate of Shabazz, 482 U.S. 342, 348, 107 S.Ct. 2400, 96 L.Ed.2d 282 (1987) (stating that an inmate has a First Amendment right to be free from rules that prohibit his right to free exercise).
. Id. (stating that an inmate’s right to free exercise can be limited by security or valid penological interests).
. See Callahan v. Woods, 658 F.2d 679, 683 (9th Cir. 1981) (holding that protection under the free exercise clause requires a sincere religious belief).
. See id.
. See O’Lone, 482 U.S. at 348, 107 S.Ct. 2400.
Reference
- Full Case Name
- Thomas HAGEN, aka Israel Mizrahi, Plaintiff—Appellee v. Kamal Abdul JABAR Lon Moskowitz, Defendants—Appellants
- Cited By
- 1 case
- Status
- Published