Unpublished Disposition, 937 F.2d 612 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 937 F.2d 612 (9th Cir. 1991)

Gary GRIFFIN, Plaintiff-Appellant,v.Samuel A. LEWIS, Director, Arizona Department ofCorrections, Defendant-Appellee.

No. 89-15651.

United States Court of Appeals, Ninth Circuit.

Submitted June 27, 1991.* Decided July 1, 1991.

Before SCHROEDER, FLETCHER and LEAVY, Circuit Judges.


Gary Griffin, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action under Fed. R. Civ. P. 12(b) (6) for failure to state a claim. Griffin, a practicing Sikh, contends that prison officials violated his constitutional right to freely exercise his religion by implementing a prison policy which prohibits facial hair absent a medical purpose. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

We review de novo the district court's dismissal of an action for failure to state a claim. See Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416, 1421 (9th Cir. 1989), cert. denied, 110 S. Ct. 3217 (1990).

In this circuit, a prisoner's right to wear a beard is controlled by Friedman v. Arizona, 912 F.2d 328 (9th Cir. 1990), cert. denied, 111 S. Ct. 996 (1991). In Friedman, we held that the Arizona Department of Corrections' regulation prohibiting facial hair did not violate orthodox Jewish prisoners' first amendment right to free exercise of religion because the regulation was reasonably related to valid penological interests. Id. at 331-332. Here, Griffin challenges the same regulation on the same ground. Accordingly, we find that the district court did not err in dismissing this action.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3