FILED
NOT FOR PUBLICATION DEC 22 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICHARD ANDERSON, No. 08-16874
Plaintiff - Appellant, D.C. No. 2:07-cv-01117-RCJ-RJJ
v.
MEMORANDUM *
LENARD VARE, et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Nevada
Robert C. Jones, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Richard Anderson, a Nevada state prisoner, appeals pro se from the district
court’s summary judgment in favor of Defendants in his 42 U.S.C. § 1983 action
alleging violations of the First, Eighth and Fourteenth Amendments, as well as the
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. Fed. R. App. P. 34(a)(2).
Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. §
2000cc et seq., and other claims. We have jurisdiction under 28 U.S.C. § 1291.
We review de novo a district court’s grant of summary judgment. Morrison v.
Hall, 261 F.3d 896, 900 (9th Cir. 2001). We affirm in part, vacate in part, and
remand.
The district court properly resolved Anderson’s constitutional claims on
grounds of qualified immunity, but failed to address either of the statutory claims
on which Anderson’s § 1983 action is predicated. Because RLUIPA “accord[s]
religious exercise heightened protection from government-imposed burdens” than
is otherwise generally protected under the First Amendment, the court erred in
granting summary judgment. Cutter v. Wilkinson, 544 U.S. 709, 714 (2005); see
also Alvarez v. Hill, 518 F.3d 1152, 1154–57 (9th Cir. 2008). Under RLUIPA,
prison officials can “no longer . . . justify restrictions on religious exercise by
simply citing to the need to maintain order and security in a prison.” Greene v.
Solano County Jail, 513 F.3d 982, 989–90 (9th Cir. 2008). The district court’s
failure to consider Anderson’s RLUIPA claims necessarily renders its qualified
immunity analysis incomplete. We therefore vacate the court’s summary judgment
as to Anderson’s religious exercise claims. See Alvarez, 518 F.3d at 1159.
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We affirm the district court’s summary judgment of Anderson’s Eighth
Amendment claim premised on the search of his cell without a camera and the
consequent desecration or destruction of his religious artifacts. See Vigliotto v.
Terry, 873 F.2d 1201, 1201–03 (9th Cir. 1989). We also affirm summary
judgment on all claims asserted against Defendants Skolnick, Cox, and Gibbons
because there is no evidence that they personally participated in, directed, or failed
to act to prevent the alleged deprivations of Anderson’s constitutional rights. See
Mabe v. San Bernardino County, Dep’t of Pub. Soc. Services, 237 F.3d 1101, 1109
(9th Cir. 2001); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989).
Finally, even if the district court entered summary judgment on Anderson’s
retaliation claim on the wrong basis, the evidence in the record does not support
the claim. See Hines v. Gomez, 108 F.3d 265, 267–68 (9th Cir. 1997); Pratt v.
Rowland, 65 F.3d 802, 806 (9th Cir. 1995); Barnett v. Centoni, 31 F.3d 813,
815–16 (9th Cir. 1994) (per curiam). Thus, we affirm summary judgment on that
claim. See Biltmore Associates, LLC v. Twin City Fire Ins. Co., 572 F.3d 663, 668
(9th Cir. 2009) (noting we may affirm on any ground supported by the record).
The parties shall bear their own costs on appeal.
AFFIRMED IN PART, VACATED IN PART, AND REMANDED.
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