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United States Second Circuit


Jova v. Smith, 08-2816

In an action by prisoners claiming that defendant prison personnel infringed their right to practice their religion under the Religious Land Use and Institutionalized Persons Act, summary judgment for defendants is affirmed in part where the restrictions imposed on plaintiffs' practice were justified by powerful security and administrative interests, but reversed in part where defendants did not demonstrate that the religious/meatless alternative menu was the least restrictive means of furthering their compelling administrative interests.

Appellate Information

  • Decided 09/28/2009
  • Published 09/28/2009

Judges

  • PER CURIAM:, Before CALABRESI and HALL, Circuit Judges, and SESSIONS, District Judge.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Tyheem Y. Keesh and Jesus M. Jova, pro se, Wallkill, NY, for Plaintiffs-Appellants.

  • For Appellees:
  • Julie S. Mereson, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, Nancy A. Spiegel, Senior Assistant Solicitor General, Martin A. Hotvet, Assistant Solicitor General, of counsel), for Andrew M. Cuomo, Attorney General of the State of New York, Albany, NY., for Defendants-Appellees.
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