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FREEMAN v. TEXAS DEPT. OF CRIMINAL JUSTICE

No. 03-10443.

369 F.3d 854 (2004)

William R. FREEMAN, Individually and on behalf of all others similarly situated; Carlos Patterson, Class Representative Individually and on behalf of all others similarly situated; Sidney Montgomery, Individually and on behalf of all others similarly situated; Elisello De La'O, Individually and on behalf of all others similarly situated; Travis Smith, Individually and on behalf of all others similarly situated; Michael Cuevas, Individually and on behalf of all others similarly situated; Ray Mason, Individually and on behalf of all others similarly situated; David F. Vela, Individually and on behalf of all others similarly situated; Oscar Fortz, Individually and on behalf of all others similarly situated; De'Shona Williams, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE; Texas Department of Criminal Justice, Institutional Division; Wayne Scott, Texas Department of Criminal Justice Executive Director; Gary L. Johnson, Texas Department of Criminal Justice, Institutional Division Director; Jerry Groom, Texas Department of Criminal Justice, Former Administrator of Chaplaincy Program; T.J. Medart, Texas Department of Criminal Justice, Institutional Division Former Warden, Price Daniel Unit; Richard Lopez, Texas Department of Criminal Justice, Institutional Division Administrator of Chaplaincy Program; David Sweeten, Texas Department of Criminal Justice, Institutional Division Former Assistant Warden, Price Daniel Unit; Wayne Horton, Texas Department of Criminal Justice, Institutional Division Former Chaplain, Price Daniel Unit; Keith Price, Texas Department of Criminal Justice, Institutional Division Warden, Bill Clements Unit; Roy Murphy, Texas Department of Criminal Justice, Institutional Division Chaplain, Bill Clements Unit; J.D. Smith, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 7, 2004.

Attorney(s) appearing for the Case

Robert Leonadis McKinney (argued), Patrice McKinney, McKinney & McKinney, Houston, TX, Kelly D. Utsinger, Underwood, Wilson, Berry, Stein & Johnson, Amarillo, TX, for Plaintiffs-Appellants.

Marjolyn Carol Gardner and Seth Byron Dennis (argued), Asst. Attys. Gen., Austin, TX, for Defendants-Appellees.

Before JONES, MAGILL and SMITH, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This lawsuit arises from a longstanding dispute regarding the adequacy of Church of Christ religious services afforded Texas prisoners. A class of disaffected inmates ("the class") filed a civil rights suit alleging that the Texas Department of Criminal Justice ("TDCJ") religious accommodations policy violates the Free Exercise Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.

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