United States Second Circuit

In a 42 U.S.C. section 1983 action arising out of plaintiff inmate's confinement in tuberculosis hold following his refusal to submit to tuberculosis testing, summary judgment for defendants is affirmed where 1) prior precedent did not "clearly foreshadow" a holding that the testing policy, as applied in this case, violated plaintiff's free exercise rights; 2) it could not reasonably be said that the defendants acted in violation of clearly established Eighth Amendment law by implementing the policy; and 3) it was not clearly established that plaintiff was entitled to some kind of notice that religious objectors could be exempt from the policy.

Appellate Information

• Argued 04/06/2009
• Decided 03/09/2010
• Published 03/09/2010

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before WALKER, LEVAL, HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Matthew J. Fedor (David F. Abernathy, Andrea L. D'Ambra, on the brief), Drinker, Biddle & Reath LLP, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Martin A. Hotvet, Assistant Solicitor General (Barbara D. Underwood, Andrew D. Bing, Julie S. Mereson, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, Albany, N.Y., for Defendants-Appellees.