United States Tenth Circuit

In civil rights action against correctional officials, dismissal of complaint under 28 U.S.C. section 1915(e)(2)(B)(ii) is reversed as to: 1) plaintiff's free exercise claim where he alleges facts sufficient to plausibly support a legal claim for relief; and 2) plaintiff's RLUIPA, 42 U.S.C. section 2000cc-1, claim where the district court failed to address it.

Appellate Information

• Decided 09/11/2007
• Published 09/12/2007

Judges

• TYMKOVICH, Circuit Judge., Before HENRY, TYMKOVICH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Karl Dee Kay, pro se.