United States Fourth Circuit

In case involving state prisoner's claim that his requests for kosher meals were denied in violation of section 3 of the Religious Land Use and Institutionalized Persons Act of 2000, the case is reversed to the extent the Eleventh Amendment bars plaintiff's claim for monetary relief against the State, however, the court otherwise holds that RLUIPA is a valid exercise of Congress- spending power and that, because the State voluntarily accepted federal correctional funds, it cannot avoid the substantive requirements of RLUIPA.

Appellate Information

• Argued 10/25/2006
• Decided 12/29/2006
• Published 12/29/2006

Judges

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

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Eugene Thro, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellants.  Richard H. Menard, Jr., Sidley & Austin, L.L.P., Washington, D.C.;  Michael Scott Raab, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellees.   ON BRIEF:  Robert F. McDonnell, Attorney General of Virginia, Mark R. Davis, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellants.  Jay T. Jorgensen, Tiffani C. Smith, Jeffrey I. Shulman, Peter C. Pfaffenroth, Sidley & Austin, L.L.P., Washington, D.C., for Appellee Ira W. Madison.  Gregory G. Katsas, Acting Assistant Attorney General, John L. Brownlee, United States Attorney, Mark B. Stern, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellee United States.  Rebecca K. Glenberg, American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for American Civil Liberties Union of Virginia, Incorporated, Amicus Supporting Appellee.   Anthony R. Picarello, Jr., Derek L. Gaubatz, Roger T. Severino, the Becket Fund for Religious Liberty, Washington, D.C., for The Becket Fund for Religious Liberty and Coalition of Prison Chaplain Associations, Amici Supporting Appellee.