United States Ninth Circuit

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Pouncil v. Tilton, 10-16881

In a prisoner's suit claiming that denial by prison officials of his request for a conjugal visit with his wife violated the Religious Land Use and Institutionalized Persons Act and the First Amendment by interfering with his practice of a tenet of his Islamic faith requiring him to marry, consummate his marriage, and father children, district court's denial of prison official's motion to dismiss is affirmed where because the prisoner's claim was based on an independently wrongful, discrete act in 2008, which was the denial of his request for conjugal visits with his second wife, his claims were not time-barred, notwithstanding the denial, pursuant to the same regulation, of his prior request for conjugal visits with his first wife in 2002.

Appellate Information

  • Decided 11/21/2012
  • Published 11/21/2012


  • Bennett


  • United States Ninth Circuit