On October 27, 2004, a prisoner of the Rastafarian faith, proceeding pro se, filed suit in the U.S. District Court for the Central District of California against California State Prison Los Angeles County, alleging that by requiring him to shave his beard and cut his hair, the defendant violated 42 USC S. 1983: (1) violation of his First Amendment right to free exercise of religion; (2) violation of the Religious Land Use & Institutionalized Persons Act; and (3) violation of his Eight Amendment rights by withdrawing privileges such as the right to outdoor exercise. The plaintiff sought monetary damages and injunctive relief.

On September 28, 2007, the District Court (Judge George H. King) granted summary judgment to defendants on the basis that they were entitled to qualified immunity with respect to all three claims. On appeal, the Ninth Circuit affirmed the district court's grant of summary judgment with respect to the plaintiff's first two claims, but vacated the judgment regarding his eighth amendment claim, holding that the plaintiff did suffer deprivation that rose to the level of an Eighth Amendment violation.

Upon remand to the District Court, the defendants requested leave to file a motion for summary judgment on plaintiff's Eighth Amendment claim. The plaintiff failed to file an opposition to the motion for summary judgment, and instead sought numerous extensions of time. The District Court granted the motion for summary judgment, based on plaintiff's failure to exhaust his claim that the denial of exercise privileges violated his eighth amendment rights. Accordingly, the Court dismissed the Plaintiff's claim without prejudice on April 20, 2010.

Anjali Biala - 10/14/2013


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