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COCHRAN v. MORRIS

No. 94-6014.

73 F.3d 1310 (1996)

Dennis Wayne COCHRAN, Plaintiff-Appellant, United States of America, Intervenor, v. E.C. MORRIS, Deputy Director of Corrections; David K. Smith, Warden, Buckingham; Bobby Soles, Assistant Warden; C.N. Lewis, Chief of Security, Defendants-Appellees, Coalition for the Free Exercise of Religion, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1996.

Attorney(s) appearing for the Case

ARGUED: William Ray Baldwin, III, Hirschler, Fleischer, Weinberg, Cox & Allen, Richmond, Virginia, for Appellant. Patricia Ann Millett, Civil Division, United States Department Of Justice, Washington, D.C., for Intervenor. Mark Ralph Davis, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellees. ON BRIEF: Steven H. Goldblatt, Director, Bonnie I. Robin-Vergeer, Supervising Attorney, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, D.C., for Appellant. Frank W. Hunger, Assistant Attorney General, Helen F. Fahey, United States Attorney, Michael Jay Singer, Civil Division, United States Department Of Justice, Washington, D.C., for Intervenor. James S. Gilmore, III, Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellees. Marc D. Stern, American Jewish Congress, New York City, for Amicus Curiae.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, MICHAEL, and MOTZ, Circuit Judges, sitting en banc.

Affirmed by published opinion. Judge WILKINSON wrote the majority opinion, in which Judges RUSSELL, WIDENER, HALL, WILKINS, NIEMEYER, HAMILTON, LUTTIG, AND WILLIAMS joined. Judge MICHAEL wrote a dissenting opinion, in which Chief Judge ERVIN and Judges MURNAGHAN and MOTZ joined.

OPINION

WILKINSON, Circuit Judge:

We granted en banc review in this case to consider whether the district court properly dismissed appellant Dennis Wayne Cochran's in...

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