United States Fourth Circuit

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Lovelace v. Lee, 04-7797

Summary judgment for defendants -- in case alleging violations of the First Amendment, the Fourteenth Amendment, and the Religious Land Use and Institutionalized Persons Act when plaintiff, a Muslim prisoner, was barred a Ramadan observance program for allegedly breaking his fast -- is vacated as to one guard and the warden as plaintiff has presented an issue of triable fact as to whether these defendants intentionally violated his religious liberty, and must be remanded to ensure that the prison satisfies its obligation to justify the Ramadan policy-s broad restrictions of religious liberty.

Appellate Information

  • Argued 03/17/2006
  • Decided 12/29/2006
  • Published 12/29/2006

Judges

  • Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Matthew Anthony Victor, Victor, Victor & Helgoe, L.L.P., Charleston, West Virginia, for Appellant.  Mark Ralph Davis, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees.   ON BRIEF:  Judith W. Jagdmann, Attorney General, Richmond, Virginia, for Appellees.
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