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MAKIN v. COLORADO DEPT. OF CORRECTIONS

No. 98-1272.

183 F.3d 1205 (1999)

Akeem Abdul MAKIN, Plaintiff-Appellee, v. COLORADO DEPARTMENT OF CORRECTIONS, Colorado State Penitentiary, Frank O. Gunter, Aristedes Zavaras, Donice Neal, and Jerry Gasko, Defendants, and George E. Sullivan and H.B. Johnson, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 12, 1999.

Attorney(s) appearing for the Case

Vincent C. Todd, Lakewood, Colorado, for Plaintiff-Appellee.

Ken Salazar, Attorney General, Grace A. Belsches, Special Assistant Attorney General, Denver, Colorado, for Defendants-Appellants.

Before PORFILIO, McKAY, and LUCERO, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

Defendants George E. Sullivan and H.B. Johnson appeal from the district court's judgment following trial to the court in favor of plaintiff Akeem Abdul Makin on his 42 U.S.C. § 1983 claim for violation of his First Amendment right to exercise his religion while incarcerated in the Colorado prison system. We agree with the district court that defendants violated Mr. Makin's rights, but conclude that the court improperly determined...

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