Jason Mckinley Ward, Plaintiff-appellant, v. Jessie Walsh, Associate Warden of Programs, Defendant-appellee, 76 F.3d 390 (9th Cir. 1996)

MEMORANDUM^** 

Ward appeals the district court's judgment in favor of defendant after the entry of supplemental findings of fact and conclusions of law in his 42 U.S.C. § 1983 action alleging an abridgment of his free exercise of religion. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse and remand.

Here, the district court entered supplemental findings of fact and conclusions of law pursuant to this court's instructions in Ward v. Walsh, 1 F.3d 873 (9th Cir. 1993) ("Ward I"), cert. denied, 114 S. Ct. 1297 (1994). In Ward I, we remanded the case so that the district court could "make specific factual findings" and "engage in a careful balancing of all the ... factors" set forth in Turner v. Safley, 482 U.S. 78, 89 (1987). Id. at 879.

After our remand, and prior to the district court's evidentiary hearing, Congress passed the Religious Freedom Restoration Act ("RFRA"), 42 U.S.C. § 2000bb to 2000bb-4, which altered the standard for analyzing prisoners' free exercise of religion claims. See Malik v. Brown, No. 94-35529, slip op. 14951, 14960 n. 4 (9th Cir. Nov. 28, 1995).

Accordingly, we reverse the judgment of the district court and remand this case so that the district court may consider the effect of RFRA on Ward's claims. Cf. Malik, slip op. at 14960 n. 4.

REVERSED and REMANDED.