United States Fifth Circuit

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Mayfield v. TX Dept. of Criminal Justice, 06-50490

In an action alleging First Amendment violations under 42 U.S.C. section 1983, as well as violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA), summary judgment for defendant is affirmed in part, vacated in part, and reversed and remanded in aprt where: 1) sovereign immunity did not prevent plaintiff from pursuing declaratory and injunctive relief; 2) exclusion of plaintiff's affiants' testimony as to prison security was proper; 3) summary judgment was inappropriate on a First Amendment claim concerning the defendant's volunteer policy since there were disputed issues of fact on the record; 4) defendant was entitled to summary judgment on an issue of personal possession of runestones as there was no viable alternative; 5) the record did not provide the necessary support for a conclusion as to an issue of access to certain literature; and 6) summary judgment was error as to a RLUIPA claim concerning limitation on the Odinists' ability to congregate for religious meetings as well as plaintiff's access to runestones.

Appellate Information

  • Decided 05/30/2008
  • Published 05/30/2008


  • EMILIO M. GARZA, Circuit Judge:, Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Aditi Dravid (argued), ConocoPhillips, Houston, TX, for Mayfield.

  • For Appellees:
  • Marjolyn Carol Gardner, Asst. Atty. Gen. (argued), Austin, TX, for Defendants-Appellees.