9th Cir.

Kane v. Waldo, et al.

July 23, 2026 ·2:23-cv-00368-TOR ·Unpublished · By Aisha Johnson

The Ninth Circuit affirmed a district court's grant of summary judgment in a civil rights action brought by a former inmate against prison officials. The court held that the plaintiff failed to provide sufficient evidence of retaliation or a violation of his free exercise of religion rights.

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Background

Ali Kane, a former inmate at the Airway Heights Corrections Center, filed a pro se action under Section nineteen eighty-three of Title forty-two of the United States Code against Tyler Waldo and Troy Stull, both correctional officers. Kane alleged violations of his First Amendment rights, specifically claiming retaliation for filing grievances and interference with his free exercise of religion due to a cell search and confiscation of books.

The court’s reasoning

The panel reviewed the summary judgment decisions de novo. Regarding retaliation, the court found that Waldo took no adverse action because of Kane’s protected conduct since he lacked knowledge of the grievance at the time. The court also found that the cell search and order to cell-in advanced legitimate penological goals. For the free exercise claim, the court applied the Turner balancing test and determined the search was rationally connected to security interests. The court noted that Kane had alternative means to exercise his religion and that the confiscation was necessary to enforce property rules.

What it means going forward

The ruling reinforces that prison officials are not liable for retaliation unless they act with specific knowledge of an inmate’s protected conduct and that routine security searches generally satisfy constitutional standards even when they impact religious items.