Guardado v. State of Nevada: Appellant’s Opening Brief (Ninth Circuit)

Abstract

This appeal concerns the constitutionality of an undisputed racial restriction on religious exercise in prison. Specifically, the appeal challenges the district court’s refusal to extend its finding on summary judgment that a state prison violated federal statutory law in thwarting an inmate’s sincere need to participate in communal Native American worship because he lacked documentation proving Native American race.

Because both the statutory and constitutional claims require strict scrutiny of this racial classification, the district court should have granted judgment to the inmate on all claims, with distinct remedies to follow. Moreover, to the extent a standard more deferential to the prison applies, Defendants cannot justify their actions in any event.

Details

Author(s):
  • James A Sonne
  • Zeba A Huq
  • Daniel Slate
  • Catherina Xu
Publish Date:
March 8, 2023
Format:
Brief
Citation(s):
  • James A Sonne, Zeba A Huq, Daniel Slate & Catherina Xu, Opening Brief for Appellant Ernest Jord Guardado, No. 21-16068 in the U.S. Court of Appeals for the Ninth Circuit (Mar. 8, 2023).
Related Organization(s):

Other Publications By