Gordon v. Idaho

778 F.2d 1397 (9th Cir. 1985)

Facts

Gordon's (P) civil rights action was dismissed because he refused to take an oath or affirmation as directed under a discovery order. P refused on First Amendment grounds as that was against his religious beliefs. The District Court dismissed the action under Fed.R.Civ.P. 37(b)(2)(C) (failure to comply with a court order). P appealed.