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PHELPS v. DUNN

No. 91-5835.

965 F.2d 93 (1992)

Paul PHELPS, Plaintiff-Appellant, v. Wayne DUNN and Clark Edwards, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 28, 1992.

Attorney(s) appearing for the Case

Douglas L. McSwain, Ogden, Sturgill & Welch, Lexington, Ky., (argued and briefed), for plaintiff-appellant.

David A. Sexton, Asst. Atty. Gen., Linda G. Cooper, Office of Atty. Gen., Barbara W. Jones, John T. Damron (argued and briefed), Office of Gen. Counsel Corrections Cabinet, Frankfort, Ky., for defendants-appellees.

Before: NELSON and BOGGS, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

BOGGS, Circuit Judge.

Paul Phelps, a state prisoner, alleges that prison officials violated his rights under the Free Exercise Clause and Establishment Clause of the first amendment by denying him participation in prison religious services because he is a homosexual. The district court, 770 F.Supp. 346, granted summary judgment to defendants on the grounds that there were sufficient security concerns to justify their actions against...

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