United States Third Circuit

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Williams v. Bitner, 05-1930

Denial of qualified immunity to prison officials with respect to a Muslim inmate's First Amendment claim, arising from his firing as a prison cook after he refused to prepare a meal using pork, is affirmed where the state of the law at the time the violation occurred gave the prison officials "fair warning" that their alleged treatment of plaintiff was unconstitutional.

Appellate Information

  • Argued 02/28/2006
  • Decided 07/25/2006
  • Published 07/25/2006

Judges

  • FUENTES, Circuit Judge., Before SLOVITER and FUENTES, Circuit Judges, and BRODY, District Judge.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Barbara Adams, General Counsel, Commonwealth of Pennsylvania, Michael A. Farnan, Chief Counsel, Raymond W. Dorian, Assistant Counsel (Argued), Pennsylvania Department of Corrections, Camp Hill, PA, for Appellants.

  • For Appellees:
  • Michael Cooke (Argued), Pennsylvania Institutional Law Project, Philadelphia, PA, for Appellee.
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